New planning circular for heritage applications
A new circular 08/2009 for heritage applications was published on 13 November 2009. At Annex A of the new circular is the Notification to the Secretary of State (England) Direction 2009. This direction will take effect from 1 December 2009 for applications which are received on or after that date.
The direction extends the categories of listed building consent applications for which local planning authorities are not required to notify the Secretary of State. From 1 December 2009 therefore, the Secretary of State will only have to be notified of applications for listed building consent in circumstances where the local planning authority is minded to grant consent and where they have received written objections from English Heritage or from one of the six National Amenity Societies which are covered by the direction.
Under the current arrangements the Secretary of State has to be notified of all applications where the local planning authority is minded to approve which would affect Grade I and Grade II* buildings and also all those applications which would involve the demolition of the principal building, the principal wall of the principal building or a substantial part of the interior for Grade II buildings. The notification must take place even if no objections to the proposed works have been received.
By removing the need to notify for uncontroversial proposals, this should speed up the system for obtaining listed building consent and simplify the procedure. DCLG believe that it will not reduce the level of protection afforded to listed buildings as notification will still occur where objections to a proposed development have been received and the Secretary of State will still retain the option to call in an application for his own consideration where it is considered necessary to do so.
This article was first published in the Property Law Journal on 30 November 2009.
