Statutory Instruments
2013 No. 2147
Town And Country Planning, England
The Town and Country Planning (General Permitted Development) (Amendment) (England) (No. 3) Order 2013
Made
29th August 2013
Laid before Parliament
4th September 2013
Coming into force
1st October 2013
The Secretary of State, in exercise of the powers conferred by sections 59, 60, 61 and 333(7) of the Town and Country Planning Act 1990( 1 ), makes the following Order:
Citation, commencement and application
1. —(1) This Order may be cited as the Town and Country Planning (General Permitted Development) (Amendment) (England) (No.3) Order 2013 and comes into force on 1st October 2013.
(2) This Order applies in relation to England only.
Amendment in relation to demolition of buildings in conservation areas
2. —(1)Part 31 (demolition of buildings) of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995( 2 ) is amended as follows.
(2) In Class A, for paragraph A.1 substitute—
“ A.1 Development is not permitted by Class A where—
(a) the building has been rendered unsafe or otherwise uninhabitable by the action or inaction of any person having an interest in the land on which the building stands and it is practicable to secure safety or health by works of repair or works for affording temporary support; or
(b) the demolition is “relevant demolition” for the purposes of section 196D of the Act ( 3 ) (demolition of an unlisted etc building in a conservation area). ” .
(3) In Class A, in paragraph A.3 (interpretation of Class A) in the definition of “excluded demolition”—
(a) after subparagraph (a) insert—
“ (aa) permitted to be carried out by a consent under Part 1 of the Ancient Monuments and Archaeological Areas Act 1979 ( 4 ) (scheduled monument consent);
(ab) permitted to be carried out by a consent under Part 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ( 5 ) (listed building consent), ” and,
(b) in subparagraph (b) before the word “enactment” insert “other”.
Signed by authority of the Secretary of State for Communities and Local Government
Nick Boles
Department for Communities and Local Government
29th August 2013
1990 c.8 . Section 60 was amended by section 4 of the Growth and Infrastructure Act 2013 (c. 27) . There are also other amendments to the 1990 Act which are not relevant to this Order. These powers are now vested in the Welsh Ministers so far as they are exercisable in relation to Wales. They were previously transferred to the National Assembly for Wales by article 2 of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order ( S.I. 1999/672 ); see the entry in Schedule 1 for the Town and Country Planning Act 1990 (c. 8) as substituted by article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 ( S.I. 2000/253 ). By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c. 32) , they were transferred to the Welsh Ministers.
S.I. 1995/418 , to which there are amendments not relevant to this Order.
Section 196D was inserted into the Town and Country Planning Act 1990 (c. 8) by paragraph 6 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24) .