Citation, commencement and application

1. —(1) These Regulations may be cited as the Planning (Applications for Planning Permission, Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2006.

(2) These Regulations shall come into force on 10th August 2006.

(3) These Regulations apply in relation to England only.

Amendment of the Town and Country Planning (Applications) Regulations 1988

2. —(1)The Town and Country Planning (Applications) Regulations 1988( 3 ) are amended in as follows.

(2) In regulation 2 (interpretation) in the definition of “outline planning permission” for paragraphs (a) to (e) substitute—

“ (a) access;

(b) appearance;

(c) landscaping;

(d) layout; and

(e) scale. ” .

Amendment of the Planning (Listed Buildings and Conservation Areas) Regulations 1990

3. After regulation 3 (applications for listed building consent or for conservation area consent) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990( 4 ) insert—

“ Design and access statements

3A. —(1) Any application to a local planning authority for listed building consent shall be accompanied by a statement (“a design and access statement”) about—

(a) the design principles and concepts that have been applied to the works; and

(b) subject to paragraph (4), how issues relating to access to the building have been dealt with.

(2) A design and access statement shall—

(a) explain the design principles and concepts that have been applied to the following aspects of the works—

(i) scale;

(ii) layout;

(iii) appearance; and

(b) explain how the principles and concepts referred to in sub-paragraph (a) take account of—

(i) the special architectural or historic importance of the building;

(ii) the particular physical features of the building that justify its designation as a listed building; and

(iii) the building’s setting.

(3) Subject to paragraph (4), a design and access statement shall also—

(a) explain the policy adopted as to access, including what alternative means of access have been considered, and how policies relating to access in relevant local development documents have been taken into account;

(b) explain how the policy as to access takes account of—

(i) the special architectural or historic importance of the building;

(ii) the particular physical features of the building that justify its designation as a listed building; and

(iii) the building’s setting;

(c) state what, if any, consultation has been undertaken and what account has been taken of the outcome of any such consultation;

(d) explain how any specific issues which might affect access to the building have been addressed; and

(e) explain how features which ensure access to the building will be maintained.

(4) Paragraphs (1)(b) and (3) do not apply in relation to an application for listed building consent to carry out works affecting only the interior of a building.

(5) In this regulation—

“appearance” means the aspects of a building which determine the visual impression it makes, including the external built form of the building, its architecture, materials, decoration, lighting, colour and texture;

“layout” means the way in which a building is situated and orientated in relation to other buildings, routes and spaces; and

“scale”, in relation to a building, means the height, width and length of the building in relation to its surroundings. ” .