Member

66: After Clause 51, insert the following new Clause— “Directions giving deemed planning permission: special regard to heritage assets(1) In section 90 of the Town and Country Planning Act 1990 (directions deeming planning permission to be granted for certain development with government authorisation), after subsection (2A) insert—“(2B) Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (special regard to listed buildings) applies to a government department or the Secretary of State in considering whether to make a direction under this section as it applies to the Secretary of State in considering whether to grant planning permission.”(2) In section 90(2B) of that Act (inserted by subsection (1))—(a) for “applies”, in the first place it appears, substitute “and section 58B of this Act (special regard to other heritage assets) apply”;(b) for “it applies” substitute “they apply”.” Member’s explanatory statement There is currently a duty to have special regard to the desirability of preserving listed buildings, their settings and their features of special architectural or historic interest when deciding whether to grant planning permission. This new Clause would apply that duty to certain powers to put in place deemed planning permission (including in relation to a Transport and Works Act project).