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Modified: 20-Mar-2008

Guidance Notes for Making a Listed Building Consent or Conservation Area Consent Appeal

Our booklet ‘Making your planning appeal’ explains the procedures involved in making an appeal under section 78 of the Town and Country Planning Act 1990. Most of the advice applies equally to listed building or conservation area consent appeals made under Section 20 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Please read it, particularly Appendix 2, and these notes, carefully before completing your appeal form.

You must make sure that you use the right form. If your appeal is about planning permission you should get the correct forms from us at this address:

The Planning Inspectorate
Customer Support Unit
Room 3/15 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol BS1 6PN

Phone: 0117 372 6372

You must complete a separate appeal form for each appeal you make. Only the original applicant may make an appeal. Occasionally the applicant may give written permission to someone else to appeal, but we will record the appeal in the name of the original applicant.

We must receive your appeal and all the supporting documents within 6 months from the date of receipt of the notice of the Local Planning Authority’s (LPA) decision or within 6 months of the date by which they should have decided the application.

Ownership Certificates

The appellant must serve notice on all the owners of the building(s). You must also provide us with a certificate to show that you have done this.

Choosing the correct certificate

You must complete only one of certificates A, B, C or D. Certificates A & B are on the appeal form. Certificates C & D and notices 1 & 2 are attached.

Certificate A - Complete this if you are the sole owner of all the building(s) involved in the appeal; if you are not the sole owner of all the building(s) involved in the appeal one of the following will apply:-

Certificate B - Complete this if you know the names and addresses of all the owners of the building(s) involved in the appeal. You must use notice 1 attached.

Certificate C - Complete this if you know the names of some, but not all the owners of the building(s) involved in the appeal. You must use the attached notice 1 for those owners that you do know the names of. You must ensure that notice 2 is published in a local newspaper. You must send a copy of the published notice to us with your appeal form.

Certificate D - Complete this if you do not know the names and addresses of the owners of the building(s) involved in the appeal. You must ensure that notice 2 is published in a local newspaper. You must send a copy of the published notice to us with your appeal form.

Service of notice

Where you have to serve a notice on an owner, and you know their name and address, you may hand it personally to them, or send it by registered post or recorded delivery. If you have to serve a notice on an organisation, you must address it to the secretary or clerk of the organisation at their registered or principal office. You may serve it in any of the above ways.

False certificates

Anyone who knowingly or recklessly issues a certificate which contains any statement which is false or misleading, is liable to a fine if convicted.

NOTES FOR THE COMPLETION OF CERTIFICATES

(i) ‘Owner’ means a person having a freehold interest or a leasehold interest, the unexpired term of which is not less than 7 years.

CERTIFICATES C AND D ONLY

(ii) Description of steps taken.

(iii) Name of local newspaper circulating in the area where the building(s) is situated.

(iv) Date of publication – which must be not earlier than the day 21 days before the date of the appeal.

Download the Listed Building Notices and Certificates in PDF Format 56kb


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