days, it could be assumed that no comment would be forthcoming. There is a time limit specified in the Act, however, in that representations (including, presumably, those by English Heritage) only have to be taken into account if they are made within 21 days of the display of the site notice or the publication of the press notice, whichever is the later (see s 67(7)). In addition, by virtue of the direction in para l0(l)(m) of the General Development Procedure Order 1995, English Heritage must be notified of planning applications for works involving the demolition or material alteration of any listed building in London. In this case there is initially a 14day limit for responses, although responses received late must still be taken into account 0995 Order, para 10( 4)). The new Circular also notes (at para 11) that it would be helpful if authorities outside London would notify EH of planning applications involving demolition or alteration of Grade I or II* buildings; but there is as yet no statuto1y power to require this (an amendment to the GDPO may be made in due course). Notification of planning applications: conservation areas Not many works in conservation areas are subject to the need for conservation area consent (and even fewer after Shimizu of course), so again the need for planning permission is often the only way for a planning authority, and other concerned bodies, to exercise any control over what is built. Once again, therefore, all planning applications for works affecting the character or appearance of any conservation area are to be publicised 0990 Act, s 73). And authorities (both in Greater London and elsewhere) must give notice of them to English Heritage where the development involves: (i) the erection of a new building or the extension of an existing building on a site of more than 1,000 m2; or (ii) the change of use of a existing building on a site of more than 1,000 m2 ; or (iii) the construction of a new building higher than 20 m. This too is the result of the direction in the new Circular (para 8(2)(d) (London) and para 8(3)(b) (elsewhere)). That replaces the direction in para 29(b) of Circ 8/87 - which also required all proposals involving buildings of more than 3,000 m3 to be notified, as well as proposals for alterations (as opposed to extensions). The same 21-day time limit applies here also. 42 Notification of applications for listed building consent to the national amenity societies The new Circular also contains a revised direction as to which applications for listed building consent must be notified and to whom. By virtue of para 15(1), authorities must give notice ofLBC applications to the national amenity societies if they are for: (a) works for the demolition of a listed building; or (b) works for the alteration of a listed building which comprise or include the demolition of any part of that building. The societies to be notified in such cases are as before - and still do not include the Twentieth Century Society. This replaces the old direction (at para 81 of Circ 8/87) which requires that the societies be notified of "all applications to demolish a listed building". When that direction was made, it had been assumed (before the House of Lords in Shimizu told us that we were all wrong) that demolition included partial demolition; so this new direction effectively restores, by the use of slightly fuller Shimizu-proof wording, the position as it was thought to have been - that is, all applications for total or partial demolition are to be notified. It is indeed arguable that the new direction takes in more than the old. If, for example, a proposal relates to the removal of glazing bars in one window, that would seem to be the alteration of a listed building, not its partial demolition; but it is the demolition of the glazing bars, and thus (perhaps) the demolition of a part of the building. The debate thus becomes, in this context, not so much "alteration v demolition" as what is "any part of a listed building". It is perhaps unfortunate that the direction was not drafted by reference to a "substantial part" of the building (see below). Watch this space for further developments. Finally, it should be noted that, whereas notice has to be given to all of the amenity societies of the decision on every application for total or partial demolition (Circ 14/97, para 15), the Royal Commission on Historical Monuments (RCHME) is only automatically entitled (bys 8(2)(b) of the Act) to be given a month's notice before works are carried out in the case of works for total demolition. If therefore the Commission, after it has been notified of an application for partial demolition, wishes a chance to record the feature being destroyed, it must request the authority to impose a condition on any consent granted requiring the applicant to notify it of the start of works - see para 18 of Circ 14/97 and Annex B.4 of PPG 15. Notification of applications for listed building consent to English Heritage and the Secretary of State Outside Greater London, English Heritage must be notified of applications for works in the following categories: (i) all works to Grade I and II* buildings; and (ii) major works to Grade II buildings. This is the result of the direction in para 15(2)(a) of Circular 14/97, which replaces that in para 82(a) of Circ 8/87. Further, except where an authority is minded to refuse an application, it must notify the Secreta1y of State (in practice the appropriate Government Office for the Region) of applications in the same categories - by virtue of the direction in para 22 of the pew Circular, replacing that in para 86.I of the old Circular. This greatly simplifies the procedure, in that English Heritage is automatical1y notified of every application that might possibly go to the Secreta1y of State, so that it has time to consider in advance whether to recommend him or her to call it in. Needless to say, "major works" (my phrase) to Grade II buildings are carefully defined. In essence they consist of: (a) works for the demolition of any principal building (that is, not a building listed only by virtue of being in the curtilage of a building that is listed in its own right); (b) works for the demolition of more than 50 per cent of a principal external wall of a principal building (measured in relation to elevational area); and (c) works for the demolition of al1or "a substantial part" of the interior of the principal building. The last two categories are explained in more detail in paras 20 and 21 of the Circular. It is suggested that a "substantial part" might include a staircase or a load-bearing wal1, but not plasterwork or panelJing - which seems likely to provoke unhappiness in some quarters. In Greater London, outside the area of the LDDC, the position is much simpler. Al1 applications are to be notified by borough councils to English Heritage (Circ 14/97, para 15(2)(b), replacing Circ 8/87, para 82(b)). EH, in turn, must notify eve1y application to the Secretary of State unless it proposes to direct the council to refuse it (Circ 14/97, para 26); the previous arrangement (in para 86.II of Circ 8/ Context 56 December 1997
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