14 C O N T E X T 1 3 0 : J U LY 2 0 1 3 Caroe& Partners Architects Wells | London | Cardiff | Ledbury Tel 01749 677561 | [email protected] www.caroe.co.uk respect of listed buildings within their administrative area only under new section 26D.These are equivalent to the powers of local planning authorities to make local development orders under the planning regime. A new Schedule 2A is inserted into the 1990 Act. This provides for further regulations to be made by the secretary of state for the preparation and adoption of local consent orders. There is also a specific power for the secretary of state to direct a local planning authority not to adopt a local consent order without his or her approval. In considering whether to make a consent order, the secretary of state or any local planning authority must have special regard to the desirability of preserving the listed buildings covered by the order, as well as their setting and any special features. In addition, before making a national consent order the secretary of state must consult English Heritage. Certificates of lawfulness of proposed works A new section 26H of the 1990 Act enables anyone to apply to a local planning authority for a certificate of lawfulness for proposed works which do not affect the special interest of a listed building (that is, works that fall outside section 7[1] of the 1990 Act altogether and do not, therefore, require listed building consent). Again, the procedure for making such an application will be subject to future regulations to be made by the secretary of state. The new section 26K also gives a right of appeal to the secretary of state against refusal or the failure to determine an application for a certificate within 28 days. A certificate will provide developers with the certainty that their works are lawful without actually having to apply for a full listed building consent and would clearly be useful in a conveyancing context to enable the vendor of a property to prove to a prospective buyer beyond doubt that no listed building consent should have been obtained for minor works. Again, this proposal would mirror the system of certificates of lawful proposed development or use in the planning regime. Removal of conservation area consent Finally, Schedule 17 introduces a new section 196D into theTown and Country Planning Act 1990 to replace the need for conservation area consent with the requirement to obtain planning permission to demolish a building in a conservation area. Where a developer wishes to demolish and then replace a building in a conservation area as part of the same scheme, they will now need to make only a single application for planning permission rather than separate applications for conservation area consent and planning permission. Tom Deards is a solicitor in the legal department of the Canal and River Trust. We are an Island based design and conservation practice, so we have an in depth knowledge of designing buildings in difficult coastal locations Contact us on facebook or by email with your project apa Architects James Place, Victoria Road, Douglas, Isle of Man IM2 4HD T: 01624 624307 E: [email protected] www .apa-iom.com facebook.com/apaarchitects
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