Legalize / United Kingdom / Public General Act

Planning (Listed Buildings and Conservation Areas) Act 1990

Type Public General Act

Publication 1990-05-24

Last updated 2026-02-18

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(1) The compulsory purchase of a building under section 47 shall not be started by the appropriate authority or by the Secretary of State unless at least two months previously the authority or, as the case may be, the Secretary of State has served on the owner of the building a notice under this section (in this section referred to as a “repairs notice”)—

(a) specifying the works which the appropriate authority or, as the case may be, the Secretary of State considers reasonably necessary for the proper preservation of the building; and

(b) explaining the effect of sections 47 to 50,

and the repairs notice has not been withdrawn.

(2) Where—

(a) a building is demolished after a repairs notice has been served in respect of it by an appropriate authority or the Secretary of State, but

(b) the Secretary of State is satisfied that he would have confirmed or, as the case may be, would have made a compulsory purchase order in respect of the building had it not been demolished,

the demolition of the building shall not prevent the authority or the Secretary of State from being authorised under section 47 to acquire compulsorily the site of the building.

(3) An appropriate authority or the Secretary of State may at any time withdraw a repairs notice served by them on any person; and if they do so, they shall immediately give him notice of the withdrawal.

(4) The Secretary of State shall consult with the Commission before he serves or withdraws a repairs notice in relation to a building ....

(5) Where a repairs notice has been served on a person in respect of a building, he shall not be entitled to serve a listed building purchase notice in respect of it—

(a) until the expiration of three months beginning with the date of the service of the repairs notice; or

(b) if during that period the compulsory acquisition of the building is begun under section 47, unless and until the compulsory acquisition is discontinued.

(6) For the purposes of this section a compulsory acquisition—

(a) is started when the notice required by section 12 of the Acquisition of Land Act 1981 or, as the case may be, paragraph 3(1) of Schedule 1 to that Act is served; and

(b) is discontinued—

(i) in the case of acquisition by the Secretary of State, when he decides not to make the compulsory purchase order or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981; and

(ii) in any other case, when the order is withdrawn or the Secretary of State decides not to confirm it or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981.

(7) In this section “appropriate authority” has the same meaning as in section 47.

Compensation on compulsory acquisition of listed building

49

(1) Subject to section 50, for the purpose of assessing compensation in respect of any compulsory acquisition of land including a building which immediately before the date of the compulsory purchase order was listed, it shall be assumed that listed building consent would be granted for any works—

(a) for the alteration or extension of the building; or

(b) for the demolition of the building for the purpose of development of any class specified in Schedule 3 to the principal Act (development not constituting new development),

. . . .

(2) In subsection (1)—

(a) the reference to a building which was listed includes a building in Wales which was included in the list maintained under section 76 of the Historic Environment (Wales) Act 2023;

(b) in relation to such a building—

(i) the reference to section 50 of this Act is to be read as a reference to section 140 of that Act;

(ii) the reference to listed building consent is a reference to consent under section 89 of that Act.

Minimum compensation in case of listed building deliberately left derelict

50

(1) Where the appropriate authority within the meaning of section 47—

(a) propose to acquire a building compulsorily under that section; and

(b) are satisfied that the building has been deliberately allowed to fall into disrepair for the purpose of justifying its demolition and the development or redevelopment of the site or any adjoining site,

they may include in the compulsory purchase order as submitted to the Secretary of State for confirmation a direction for minimum compensation.

(2) Subject to the provisions of this section, where the Secretary of State acquires a building compulsorily under section 47, he may, if he is satisfied as mentioned in subsection (1)(b), include a direction for minimum compensation in the compulsory purchase order.

(3) Without prejudice to so much of section 12 of the Acquisition of Land Act 1981 or, as the case may be, paragraph 3(1) of Schedule 1 to that Act (notices stating effect of compulsory purchase order or, as the case may be, draft order) as requires the notice to state the effect of the order, the notice required to be served in accordance with that provision shall—

(a) include a statement that a direction for minimum compensation has been included in the order or, as the case may be, in the draft order prepared by the Secretary of State in accordance with Schedule 1 to that Act; and

(b) explain the meaning of the expression “direction for minimum compensation”.

(4) A direction for minimum compensation, in relation to a building compulsorily acquired, is a direction that for the purpose of assessing compensation it is to be assumed, notwithstanding anything to the contrary in the Land Compensation Act 1961, the principal Act, or this Act —

(a) that planning permission would not be granted for any development or re-development of the site of the building; and

(b) that listed building consent would not be granted for any works for the demolition, alteration or extension of the building other than development or works necessary for restoring it to and maintaining it in a proper state of repair.

(5) If a compulsory purchase order is confirmed or made with the inclusion of a direction for minimum compensation, the compensation in respect of the compulsory acquisition shall be assessed in accordance with the direction.

(6) Where such a direction is included in a compulsory purchase order or, as the case may be, in a draft order prepared by the Secretary of State, any person having an interest in the building may, within 28 days after the service of the notice mentioned in subsection (3), apply to a magistrates’ court . . . for an order that no such direction be included in the compulsory purchase order as confirmed or made by the Secretary of State.

(7) If the court to which an application is made under subsection (6) is satisfied that the building in respect of which the application is made has not been deliberately allowed to fall into disrepair for the purpose mentioned in subsection (1)(b) the court shall make the order applied for.

(8) A person aggrieved by the decision of a magistrates’ court on an application under subsection (6) may appeal against the decision to the Crown Court.

(9) The rights conferred by subsections (6) and (8) shall not prejudice those conferred by section 47(4) and (6).

Ending of rights over land compulsorily acquired

51

(1) Subject to the provisions of this section, upon the completion of a compulsory acquisition of land under section 47—

(a) all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and

(b) any such apparatus shall vest in the acquiring authority.

(2) Subsection (1) shall not apply—

(a) to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking, or

(b) to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, or

(3) In respect of any right or apparatus not falling within subsection (2), subsection (1) shall have effect subject—

(a) to any direction given by the acquiring authority before the completion of the acquisition that subsection (1) shall not apply to any right or apparatus specified in the direction; and

(b) to any agreement which may be made (whether before or after the completion of the acquisition) between the acquiring authority and the person in or to whom the right or apparatus in question is vested or belongs.

(4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority.

(5) Any compensation payable under this section shall be determined in accordance with the Land Compensation Act 1961.

Acquisition by agreement

Acquisition of land by agreement

52

(1) The council of any county in England, district or London borough or a joint planning board for an area in England outside Greater London may acquire by agreement—

(a) any building situated wholly or mainly in England appearing to them to be of special architectural or historic interest; and

(b) any land comprising or contiguous or adjacent to such a building which appears to the Secretary of State to be required—

(i) for preserving the building or its amenities, or

(ii) for affording access to it, or

(iii) for its proper control or management.

(2) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 10 and 31, shall apply in relation to the acquisition of land under subsection (1), but references in that Part to the execution of the works shall be construed as including references to—

(a) any erection, construction or carrying out of buildings or works authorised by section 237 of the principal Act; and

(b) any erection, construction or carrying out of buildings or works on behalf of a Minister or statutory undertakers on land acquired by that Minister or those undertakers, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.

Management of acquired buildings

Management of listed buildings acquired under this Act

53

(1) Where—

(a) a local authority or joint planning board acquire any building or other land under section 47(1) or 52(1)(a) or (b); or

(b) the Commission acquire any building or other land under section 47(1),

they may make such arrangements as to its management, use or disposal as they consider appropriate for the purpose of its preservation.

(2) Where the Secretary of State acquires any building or other land under section 47(1), he may—

(a) make such arrangements as he thinks fit as to the management, custody or use of the building or land; and

(b) dispose of or otherwise deal with any such building or land as he may from time to time determine.

(3) The Commission may be a party to such arrangements as are mentioned in subsection (2) ....

Urgent preservation

Urgent works to preserve unoccupied listed buildings

54

(1) A local authority may execute any works which appear to them to be urgently necessary for the preservation of a listed building in their area.

(2) If it appears to the Secretary of State that any works are urgently necessary for the preservation of a listed building—

(a) ... he shall authorise the Commission to execute any works specified in the authorisation which appear to him to be urgently necessary for its preservation; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The works which may be executed under this section may consist of or include works for affording temporary support or shelter for the building.

(4) If ... the building is occupied works may be carried out only to those parts which are not in use.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The owner of the building must be given not less than seven days notice in writing of the intention to carry out the works and ... the Commission shall give that notice.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A notice under subsection (5) ... shall describe the works proposed to be carried out.

(7) As respects buildings in Greater London, the functions of a local authority under this section are exercisable concurrently by the Commission and the relevant London borough council.

Recovery of expenses of works under s. 54

55

(1) This section has effect for enabling the expenses of works executed under section 54 to be recovered by the authority who carried out the works, that is to say the local authority, the Commission or the Secretary of State or, in the case of works carried out by the Commission on behalf of the Secretary of State, the Secretary of State.

(2) That authority may give notice to the owner of the building requiring him to pay the expenses of the works.

(3) Where the works consist of or include works for affording temporary support or shelter for the building—

(a) the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used; and

(b) notices under subsection (2) in respect of any such continuing expenses may be given from time to time.

(4) The owner may within 28 days of the service of the notice represent to the Secretary of State—

(a) that some or all of the works were unnecessary for the preservation of the building; or

(b) in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time; or

(d) that the recovery of that amount would cause him hardship,

and the Secretary of State shall determine to what extent the representations are justified.

(5) The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—

(a) to the owner of the building; and

(b) if the authority who gave notice under subsection (2) is a local authority or the Commission, to them.

(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dangerous structure orders in respect of listed buildings

56

Before taking any steps with a view to—

(a) the making of an order in respect of a listed building under section 77(1)(a) of the Building Act 1984 or section 65 or 69(1) of the London Building Acts (Amendment) Act 1939; or

(b) the service of a notice under section 79(1) of that Act of 1984 or section 62(2) of that Act of 1939,

a local planning authority shall consider whether they should instead exercise their powers under sections 47 and 48 or section 54.

Grants for repair and maintenance

Power of local authority to contribute to preservation of listed buildings etc

57

(1) A local authority may contribute towards the expenses incurred or to be incurred in the repair or maintenance—

(a) of a listed building which is situate in or in the vicinity of their area; or

(b) of a building in their area which is not listed but appears to them to be of architectural or historic interest.

(2) At the time of making such a contribution the local authority may also contribute towards the expenses incurred, or to be incurred, in the upkeep of any garden occupied with the building and contiguous or adjacent to it.

(3) A contribution under this section may be made by grant or loan.

(4) A contribution by way of loan may be made upon such terms and conditions as the local authority may determine including (but without prejudice to the foregoing) a term that the loan shall be free of interest.

(5) A local authority—

(a) may renounce their right to repayment of such a loan or any interest for the time being outstanding, and

(b) by agreement with the borrower may otherwise vary any of the terms and conditions on which such a loan is made.

(6) A local authority may require as a condition of the making by them of a contribution under this section by way of grant towards the expenses of the repair or maintenance or upkeep of any property that the person to whom the grant is made shall enter into an agreement with them for the purpose of enabling the public to have access to the property or part of it during such period and at such times as the agreement may provide.

(7) In this section and in section 58 “local authority” means—

(a) the council of a county in England, borough or district,

(b) a joint planning board constituted under section 2 of the principal Act for an area in England, and

Recovery of grants under s. 57

58

(1) If, during the period of three years beginning with the day on which a grant is made under section 57 towards the repair or maintenance or upkeep of any property (“the grant property”), the grantee disposes of the interest held by him in the property on that day or any part of that interest, by way of sale or exchange or lease for a term of not less than 21 years, the local authority may recover the amount of the grant, or such part of it as they think fit, from the grantee in any court of competent jurisdiction.

(2) If the grantee gives the whole of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (1) shall have effect as if the donee were the grantee.

(3) If the grantee gives part of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (1) shall have effect as if any disposal or part disposal of that interest by the donee were a disposal by the grantee.

(4) If any condition imposed on the making of a grant to which this section applies is contravened or not complied with, the grantor may recover the amount of the grant, or such part of it as he thinks fit, from the grantee.

(5) Nothing in this section entitles a grantor to recover amounts in the aggregate exceeding the amount of the grant (for example by virtue of a breach of more than one condition or disposals of several parts of an interest in the grant property).

Damage to listed buildings

Acts causing or likely to result in damage to listed buildings

59

(1) If, with the intention of causing damage to a listed building, any relevant person does or permits the doing of any act which causes or is likely to result in damage to the building, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) A person is a relevant person for the purpose of subsection (1) if apart from that subsection he would be entitled to do or permit the act in question.

(3) Subsection (1) does not apply to an act for the execution—

(a) of works authorised by planning permission granted or deemed to be granted in pursuance of an application under the principal Act; or

(b) of works for which listed building consent has been given under this Act; or

(4) If a person convicted of an offence under this section fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the failure continues.

Chapter VI — Miscellaneous and Supplemental

Exceptions for church buildings and ancient monuments

Exceptions for ecclesiastical buildings and redundant churches

60

(1) The provisions mentioned in subsection (2) shall not apply to any ecclesiastical building which is for the time being used for ecclesiastical purposes.

(2) Those provisions are sections 3, ... 4, 7 to 9, 47, 54 and 59.

(3) For the purposes of subsection (1), a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building unless it is a building which is a chapel forming part of an episcopal house of residence and is included in the list maintained by the Church Buildings Council under section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 or is otherwise subject to the faculty jurisdiction.

(4) For the purposes of sections 7 to 9 a building shall be taken to be used for the time being for ecclesiastical purposes if it would be so used but for the works in question.

(5) The Secretary of State may by order provide for restricting or excluding the operation of subsections (1) to (3) in such cases as may be specified in the order.

(6) An order under this section may—

(a) make provision for buildings generally, for descriptions of building or for particular buildings;

(b) make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building;

(c) make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 1(5)) as may be made in relation to a building and make different provision for different parts of the same building;

(d) make different provision with respect to works of different descriptions or according to the extent of the works;

(e) make such consequential adaptations or modifications of the operation of any other provision of this Act or the principal Act, or of any instrument made under either of those Acts, as appear to the Secretary of State to be appropriate.

(7) Sections 7 to 9 shall not apply to the execution of works for the demolition, in pursuance of a pastoral or redundancy scheme (within the meaning of the Pastoral Measure 1983), of a redundant building (within the meaning of that Measure) or a part of such a building.

Exceptions for ancient monuments etc

61

(1) The provisions mentioned in subsection (2) shall not apply to any building for the time being included in the schedule of monuments compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979.

(2) Those provisions are sections 3, 4, 7 to 9, 47, 54 and 59.

Validity of instruments, decisions and proceedings

Validity of certain orders and decisions

62

(1) Except as provided by section 63, the validity of—

(a) any order under section 23 or 26 (whether before or after it has been confirmed); or

(b) any such decision by the Secretary of State as is mentioned in subsection (2), or

shall not be questioned in any legal proceedings whatsoever.

(2) Those decisions are—

(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) any decision on an application referred to the Secretary of State under section 12 or on an appeal under section 20;

(aa) any decision to approve or reject a local listed building consent order or part of such an order;

(ab) any decision on an appeal under section 26K;

(b) any decision to confirm or not to confirm a listed building purchase notice including—

(i) any decision not to confirm such a notice in respect of part of the land to which it relates, and

(ii) any decision to grant any consent, or give any direction, in lieu of confirming such a notice, either wholly or in part;

(c) any decision to grant listed building consent under paragraph (a) of section 41(6) or to discharge a condition or limitation under paragraph (b) of that section;

(d) any decision on an application for listed building consent under section 82B.

(2A) In this section, “ relevant costs order ” means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act.

(3) Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such decision as is mentioned in subsection (2).

Proceedings for questioning validity of other orders, decisions and directions

63

(1) If any person is aggrieved by any such order or decision as is mentioned in section 62(1)(a) or (b) and wishes to question its validity on the grounds—

(a) that it is not within the powers of this Act, or

(b) that any of the relevant requirements have not been complied with in relation to it,

he may make an application to the High Court under this section.

(1A) If a person is aggrieved by a relevant costs order made in connection with an order or decision mentioned in section 62(1)(a) or (b) and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds—

(a) that the relevant costs order is not within the powers of this Act, or

(b) that any of the relevant requirements have not been complied with in relation to the order.

(2) Without prejudice to subsection (1) or (1A), if the authority directly concerned with any order or decision mentioned in section 62(1) wish to question its validity on any of the grounds mentioned in subsection (1) or (1A) (as the case may be), the authority may make an application to the High Court under this section.

(3) An application under this section may not be made without the leave of the High Court.

(3A) An application for leave for the purposes of subsection (3) must be made before the end of the period of six weeks beginning with the day after—

(a) in the case of an application relating to an order under section 23 that takes effect under section 25 without confirmation, the date on which the order takes effect;

(b) in the case of an application relating to any other order mentioned in section 62(1)(a), the date on which the order is confirmed;

(c) in the case of an application relating to a decision mentioned in section 62(1)(b) or a relevant costs order, the date on which the decision or order is made.

(3B) When considering whether to grant leave for the purposes of subsection (3), the High Court may make an interim order suspending the operation of any order or decision the validity of which the person or authority concerned wishes to question, until the final determination of—

(a) the question of whether leave should be granted, or

(b) where leave is granted, the proceedings on any application under this section made with such leave.

(4) On any application under this section (other than an application for leave) the High Court—

(a) may by interim order suspend the operation of any order or decision, the validity of which is questioned by the application, until the final determination of the proceedings; and

(b) if satisfied—

(i) that any such order or decision is not within the powers of this Act, or

(ii) that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to it,

may quash that order or decision.

(5) References in this section to the confirmation of an order include the confirmation of an order subject to modifications.

(6) In this section—

“relevant costs order” has the same meaning as in section 62;

“the relevant requirements”—in relation to an order or decision mentioned in section 62(1)(a) or (b), means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under either of those Acts, which are applicable to the order or decision;in relation to a relevant costs order, means any requirements of this Act, of the Local Government Act 1972 or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under any of those Acts, which are applicable to the order.

(7) For the purposes of subsection (2) the authority directly concerned with an order or decision is—

(a) in relation to any such decision as is mentioned in section 62(2)(b)—

(i) the council on whom the listed building purchase notice was served, and

(ii) in a case where the Secretary of State has modified the notice wholly or in part by substituting another local authority or statutory undertakers for that council, also that authority or those statutory undertakers; and

(b) otherwise, the authority who—

(i) made the order or decision to which the proceedings in question relate, or

(ii) referred the matter to the Secretary of State, or

(iii) if the order was made by him, are the authority named in it.

Validity of listed building enforcement notices

64

The validity of a listed building enforcement notice shall not, except by way of an appeal under section 39, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought.

Appeals to High Court relating to listed building enforcement notices

65

(1) Where the Secretary of State gives a decision in proceedings on an appeal under section 39 against a listed building enforcement notice, the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court.

(2) At any stage of the proceedings on any such appeal, the Secretary of State may state any question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court.

(3) A decision of the High Court on a case stated by virtue of subsection (2) shall be deemed to be a judgment of the court within the meaning of section 16 of the Senior Courts Act 1981 (jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court).

(3A) In proceedings brought by virtue of this section, the High Court or, as the case may be, the Court of Appeal may, on such terms, if any, as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the listed building enforcement notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

(4) In relation to any proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules—

(a) prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State; and

(b) providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.

(5) No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court.

(6) In this section “decision” includes a direction or order, and references to the giving of a decision shall be construed accordingly.

(7) In the case of a listed building enforcement notice issued by the Commission subsection (1) shall apply as if the reference to the local planning authority were a reference to the Commission.

Special considerations affecting planning functions

General duty as respects listed buildings in exercise of planning functions

66

(1) In considering whether to grant planning permission or permission in principle for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

(2) Without prejudice to section 72, in the exercise of the powers of appropriation, disposal and development (including redevelopment) conferred by the provisions of sections 232, 233 and 235(1) of the principal Act, a local authority shall have regard to the desirability of preserving features of special architectural or historic interest, and in particular, listed buildings.

(3) The reference in subsection (2) to a local authority includes a reference to a joint planning board . . .

(4) Nothing in this section applies in relation to neighbourhood development orders.

(5) In this section, “listed building includes a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales.

Publicity for applications affecting setting of listed buildings

67

(1) The Secretary of State may prescribe requirements as to publicity for applications for planning permission in cases where the local planning authority think that the development of land would affect the setting of a listed building.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act.

Reference to Commission of planning applications involving listed buildings in Greater London

68

(1) Without prejudice to his powers by virtue of section 74(1) of the principal Act, the Secretary of State may by regulations provide for any application for planning permission to which this section applies to be referred to the Commission before it is dealt with by the local planning authority.

(2) This section applies to an application for planning permission for any development in Greater London which would, in the opinion of the local planning authority to which the application is made, involve the demolition, in whole or in part, or a material alteration, of a listed building.

(3) Regulations under this section may—

(a) provide for the Commission to give the referring authority directions as to the manner in which an application is to be dealt with; and

(b) provide that an application which satisfies such conditions as may be specified in the regulations need not be referred to the Commission.

Part II — Conservation Areas

Designation

Designation of conservation areas

69

(1) Every local planning authority—

(a) shall from time to time determine which parts of their area are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and

(b) shall designate those areas as conservation areas.

(2) It shall be the duty of a local planning authority from time to time to review the past exercise of functions under this section and to determine whether any parts or any further parts of their area should be designated as conservation areas; and, if they so determine, they shall designate those parts accordingly.

(3) The Secretary of State may from time to time determine that any part of a local planning authority’s area which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if he so determines, he may designate that part as a conservation area.

(4) The designation of any area as a conservation area shall be a local land charge.

Designation of conservation areas: supplementary provisions

70

(1) The functions of a local planning authority under section 69 and this section shall also be exercisable in Greater London by the Commission.

(2) Before making a determination under section 69 the Commission shall consult the council of each London borough of which any part is included in the area to which the proposed determination relates.

(3) Before making a determination under section 69(3) the Secretary of State shall consult the local planning authority.

(4) Before designating any area in Greater London as a conservation area the Commission shall obtain the consent of the Secretary of State.

(5) A local planning authority shall give notice of the designation of any part of their area as a conservation area under section 69(1) or (2) and of any variation or cancellation of any such designation—

(a) to the Secretary of State; and

(b) if ... the designation or, as the case may be, the variation or cancellation was not made by the Commission, to the Commission.

(6) The Secretary of State shall give notice of the designation of any part of the area of a local planning authority as a conservation area under section 69(3) and of any variation or cancellation of any such designation—

(a) to the authority; and

(b) ... to the Commission.

(7) A notice under subsection (5) or (6) shall contain sufficient particulars to identify the area affected.

(8) Notice of any such designation, variation or cancellation as is mentioned in subsection (5) or (6), with particulars of its effect, shall be published in the London Gazette and in at least one newspaper circulating in the area of the local planning authority, by that authority or, as the case may be, the Secretary of State.

General duties of planning authorities

Formulation and publication of proposals for preservation and enhancement of conservation areas

71

(1) It shall be the duty of a local planning authority from time to time to formulate and publish proposals for the preservation and enhancement of any parts of their area which are conservation areas.

(2) Proposals under this section shall be submitted for consideration to a public meeting in the area to which they relate.

(3) The local planning authority shall have regard to any views concerning the proposals expressed by persons attending the meeting.

General duty as respects conservation areas in exercise of planning functions

72

(1) In the exercise, with respect to any buildings or other land in a conservation area, of any functions under or by virtue of any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

(2) The provisions referred to in subsection (1) are the planning Acts and Part I of the Historic Buildings and Ancient Monuments Act 1953 and sections 70 and 73 of the Leasehold Reform, Housing and Urban Development Act 1993.

(3) In subsection (2), references to provisions of the Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996.

(4) Nothing in this section applies in relation to neighbourhood development orders.

Publicity for applications affecting conservation areas

73

(1) The Secretary of State may prescribe requirements as to publicity for applications for planning permission in cases where the local planning authority think that the development of land would affect the character or appearance of a conservation area.

(2) In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act.

Control of demolition

Control of demolition in conservation areas

74

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) Sections 56, 66(1) and 90(2) to (4) have effect in relation to buildings in conservation areas ... as they have effect in relation to listed buildings, subject to such exceptions and modifications as may be prescribed by regulations.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cases in which s. 74 does not apply

75

(1) Section 74 does not apply to—

(a) listed buildings;

(b) ecclesiastical buildings which are for the time being used for ecclesiastical purposes;

(c) buildings for the time being included in the schedule of monuments compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979; or

(d) buildings in relation to which a direction under subsection (2) is for the time being in force.

(2) The Secretary of State may direct that section 74 shall not apply to any description of buildings specified in the direction.

(3) A direction under subsection (2) may be given either to an individual local planning authority exercising functions under that section or to local planning authorities generally.

(4) The Secretary of State may vary or revoke a direction under subsection (2) by a further direction under that subsection.

(5) For the purposes of subsection (1)(b), a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

(6) For the purposes of sections 7 to 9 as they apply by virtue of section 74(3) a building shall be taken to be used for the time being for ecclesiastical purposes if it would be so used but for the works in question.

(7) The Secretary of State may by order provide for restricting or excluding the operation of subsection (1)(b) in such cases as may be specified in the order.

(8) An order under subsection (7) may—

(a) make provision for buildings generally, for descriptions of building or for particular buildings;

(b) make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building;

(c) make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 1(5)) as may be made in relation to a building and make different provision for different parts of the same building;

(d) make different provision with respect to works of different descriptions or according to the extent of the works;

(e) make such consequential adaptations or modifications of the operation of any other provision of this Act or the principal Act, or of any instrument made under either of those Acts, as appear to the Secretary of State to be appropriate.

(9) Regulations under this Act may provide that subsections (5) to (8) shall have effect subject to such exceptions and modifications as may be prescribed, and any such regulations may make different provision—

(a) in relation to applications made by local planning authorities, and

(b) in relation to other applications.

(10) Any proceedings on or arising out of an application for conservation area consent made while section 74 applies to a building shall lapse if it ceases to apply to it, and any such consent granted with respect to the building shall also lapse.

(11) The fact that section 74 has ceased to apply to a building shall not affect the liability of any person to be prosecuted and punished for an offence under section 9 or 43 or section 196D of the principal Act (offence of failing to obtain, or comply with, planning permission for demolition of unlisted etc building in conservation area in England) committed with respect to the building while section 74 did apply to it.

Urgent works to preserve unoccupied buildings in conservation areas

76

(1) If it appears to the Secretary of State that the preservation of a building in a conservation area is important for maintaining the character or appearance of that area, he may direct that section 54 shall apply to it as it applies to listed buildings.

(2) The Secretary of State shall consult the Commission before giving a direction under subsection (1) ....

Grants

Grants and loans for preservation or enhancement of conservation areas

77

(1) If in the opinion of the Commission any relevant expenditure has made or will make a significant contribution towards the preservation or enhancement of the character or appearance of any conservation area ... or any part of such an area, they may make grants or loans for the purposes of defraying the whole or part of that expenditure.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Expenditure is relevant for the purposes of subsection (1) ... if it has been or is to be incurred in or in connection with, or with a view to the promotion of, such preservation or enhancement as is mentioned in that subsection.

(4) A grant or loan under this section may be made subject to such conditions as the Commission ... may think fit to impose.

(5) Any loan under subsection (1) shall be made on such terms as to repayment, payment of interest and otherwise as the Commission may determine.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of grants under s. 77

78

(1) This section applies to any grant under section 77 made on terms that it shall be recoverable under this section.

(2) A grant shall only be regarded as made on those terms if before or on making the grant the grantor gives the grantee notice in writing—

(a) summarising the effect of this section; and

(b) if the grant is made for the purpose of defraying the whole or part of expenditure in relation to any particular property (“the grant property”), specifying the recovery period.

(3) In this section “the recovery period” means the period, beginning with the day on which the grant is made and ending not more than ten years after that day, during which the grant is to be recoverable in accordance with subsection (4).

(4) If during the recovery period the grantee disposes of the interest which was held by him in the grant property on the day on which the grant was made or any part of that interest by way of sale or exchange or lease for a term of not less than 21 years, the grantor may recover the amount of the grant, or such part of it as the grantor thinks fit, from the grantee.

(5) If the grantee gives the whole of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (4) shall have effect as if the donee were the grantee.

(6) If the grantee gives part of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (4) shall have effect as if any disposal or part disposal of that interest by the donee were a disposal by the grantee.

(7) If any condition imposed on the making of a grant to which this section applies is contravened or not complied with, the grantor may recover the amount of the grant, or such part of it as he thinks fit, from the grantee.

(8) Nothing in this section entitles a grantor to recover amounts in the aggregate exceeding the amount of the grant (for example by virtue of a breach of more than one condition or disposals of several parts of an interest in the grant property).

Town schemes

Town scheme agreements

79

(1) The Commission and one or more local authorities in England ... may enter an agreement (in this Act referred to as a “town scheme agreement”) that a specified sum of money shall be set aside for a specified period of years for the purpose of making grants for the repair of buildings which are—

(a) included in a list compiled for the purposes of such an agreement by the parties to the agreement, or by them and other such authorities, or

(b) shown on a map prepared for those purposes by the parties, or by them and such other authorities.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In this section “local authority” means—

(a) a county council;

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a district council;

(ca) in relation to any building in a National Park for which a National Park authority is the local planning authority, that authority;

(d) a London borough council or the Common Council of the City of London;

(e) the Council of the Isles of Scilly.

Grants for repairing of buildings in town schemes

80

(1) The Commission may make grants for the purpose of defraying the whole or part of any expenditure incurred or to be incurred in the repair of any building which—

(a) is the subject of a town scheme agreement;

(b) is situated in a conservation area ...; and

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A grant under this section may be made subject to conditions imposed by the Commission ... for such purposes as the Commission ... thinks fit.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Commission ... may—

(a) pay any grant under this section to any authority which is a party to a town scheme agreement; and

(b) make arrangements with any such authority for the way in which the agreement is to be carried out.

(6) Those arrangements may include such arrangements for the offer and payment of grants under this section as the parties may agree.

(7) Section 78(4) to (8) shall apply to a grant under this section as it applies to a grant under that section, but taking the recovery period to be three years beginning with the day on which the grant is made.

Part III — General

Authorities exercising functions under Act

81

In this Act “local planning authority” means a local planning authority for an area in England and shall be construed in accordance with Part I of the principal Act and Schedule 4 to this Act (which makes further provision as to the exercise of functions under this Act).

Special cases

Application of Act to land and works of local planning authorities

82

(1) In relation to land of a local planning authority, section 1(1) ... and (4) and sections 2 ..., and 39(6) 41(8), shall have effect subject to such exceptions and modifications as may be prescribed.

(2) The provisions mentioned in subsection (3) shall have effect for the purpose of applications by local planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed.

(3) Those provisions are sections 1(3), (5) and (6), ... 3 to 5, 7 to 26, 28, ... 32 to 50 (except section 39(6)), 60(1) to (4) (as it applies as respects the provisions mentioned in this subsection), 62 to 65, 67(2)(b), (6) and (7), 73(1), Schedules 1 ... and 2, paragraph 2 of Schedule 4 (as it applies to Schedule 1) and paragraph 4(1) of Schedule 4 (as it applies as respects the provisions mentioned in this subsection).

(4) Regulations under this section may in particular provide—

(a) for the making of applications for listed building consent to the Secretary of State; and

(b) for the issue or service by him of notices under section 2(3) and the provisions mentioned in subsection (3).

Exercise of powers in relation to Crown land

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

British Coal

85

Ecclesiastical property

86

(1) Without prejudice to the provisions of the Acquisition of Land Act 1981 with respect to notices served under that Act, where under any of the provisions of this Act a notice or copy of a notice is required to be served on an owner of land, and the land is ecclesiastical property, a similar notice or copy of a notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

(2) Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant—

(a) ... for the purposes of section 11, this subsection (other than paragraph (b)) and sections 62, 63 and 83(1) and any other provisions of this Act so far as they apply or have effect for the purposes of any of those provisions, it shall be treated as being vested in the Diocesan Board of Finance for the diocese in which the land is situated;

(b) ... it shall, for the purposes of a compulsory acquisition of the property under section 47, be treated as being vested in the Church Commissioners, and any notice to treat shall be served, or be deemed to have been served, accordingly.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In this section “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction . . . .

Settled land

87

The classes of works specified in Part II of Schedule 3 to the Settled Land Act 1925 (which specifies improvements which may be paid for out of capital money, subject to provisions under which repayment out of income may be required to be made) shall include works specified by the Secretary of State as being required for properly maintaining a listed building which is settled land within the meaning of that Act.

Miscellaneous provisions

Rights of entry

88

(1) Any person duly authorised in writing by the Secretary of State may at any reasonable time enter any land for the purpose of surveying any building on it or any other land in connection with a proposal to include the building in, or exclude it from, a list compiled or approved under section 1.

(2) Any person duly authorised in writing by the Secretary of State, a local planning authority or, where the authorisation relates to a building situated in Greater London, the Commission may at any reasonable time enter any land for any of the following purposes—

(a) surveying it or any other land in connection with any proposal by the authority or the Secretary of State to make, issue or serve any order or notice under any of the provisions of sections 1 to 26, 38, 40, 46, 54, 55, 60, 68, 75 or 76 or under any order or regulations made under any of them, or any notice under section 48;

(b) ascertaining whether any such order or notice has been complied with in relation to the land or any other land;

(c) ascertaining whether an offence has been, or is being, committed with respect to any building on the land or any other land, under section 9, 11 , 26J or 43;

(d) ascertaining whether any building on the land or any other land is being maintained in a proper state of repair.

(3) Any person duly authorised in writing by the Secretary of State, a local authority or, where the authorisation relates to a building situated in Greater London, the Commission may at any reasonable time enter any land for any of the following purposes—

(a) ascertaining whether an offence has been or is being committed under section 59 in relation to the land or any other land;

(b) ascertaining whether any of the functions conferred by section 54 should or may be exercised in connection with the land or any other land; or

(3ZA) Any person duly authorised in writing by the Secretary of State, a local planning authority ... or, where the authorisation relates to a building situated in Greater London, the Commission may at any reasonable time enter any land for any of the following purposes—

(a) securing the display of a temporary stop notice issued under section 44AA;

(b) ascertaining whether a temporary stop notice issued under that section is being complied with;

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Any person who is an officer of the Valuation Office or is duly authorised in writing by a local planning authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation payable by the authority under section . . . 28 or 44AC in respect of any land.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Subject to section 88B(8), any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil . . ..

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of certain general provisions of principal Act

89

(1) Subject to subsections (1A) and (2), the following provisions of the principal Act shall apply for the purposes of this Act as they apply for the purposes of that Act, namely—

section 320 (local inquiries),

section 322 (orders as to costs of parties where no inquiry held ...),

section 322A (orders as to costs: supplementary),

323 (procedure on certain appeals and applications ...),

section 327ZA (powers as to form and content of applications ...);

section 327A (compliance with requirements relating to applications),

section 329 (service of notices),

section 329A(1) and (2) (service of notices on the Crown)

section 330 (power to require information as to interests in land),

section 330A(1) to (4) (information as to interests in Crown land)

section 331 (offences by corporations).

(1ZB) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1ZC) In section 327ZA of the principal Act as applied by this section, references to a planning application are to be read as references to an application under, or for the purposes of, any provision of Chapter 2 of Part 1 of this Act or any subordinate provision made under that Chapter (but are not to be read as including an application made in legal proceedings).

(1A) ... subsection (1)(cc) of section 329 of that Act shall not apply to—

(a) service of a building preservation notice;

(b) service of a copy of a listed building enforcement notice by a planning authority;

(c) giving of notice under section 38 of this Act of the exercise of powers conferred by subsection (5) of that section; or

(d) service of a listed building enforcement notice issued by the Secretary of State.

(2) Section 331 of that Act shall not apply to offences under section 59 of this Act.

(3) In the application of section 330 by virtue of this section, references to a local authority include the Commission.

Financial provisions

90

(1) Where—

(a) compensation is payable by a local authority under this Act in consequence of any decision or order given or made under Chapters I, II or IV of Part I or sections 32 to 37, 60 or Schedule 3; and

(b) the decision or order in consequence of which it is payable was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament,

the Minister responsible for the administration of that service may pay that authority a contribution of such amount as he may with the consent of the Treasury determine.

(2) Any local authority and any statutory undertakers may contribute towards any expenses incurred by a local planning authority in or in connection with the performance of any of their functions under the provisions of Chapters I to V of Part I (other than sections 28 to 31, 53, 54, 55, 57, 58) and sections 66 and 68 and Schedule 1.

(3) Where any expenses are incurred by a local authority in the payment of compensation payable in consequence of anything done under Chapters I, II or IV of Part I or sections 32 to 37, 56, 59, 60, 66(1), 67, 68 or 73, the Secretary of State may, if it appears to him to be expedient to do so, require any other local authority to contribute towards those expenses such sum as appears to him to be reasonable, having regard to any benefit accruing to that authority by reason of the proceeding giving rise to the compensation.

(4) For the purposes of subsections (2) and (3), contributions made by a local planning authority towards the expenditure of a joint advisory committee shall be deemed to be expenses incurred by that authority for the purposes for which that expenditure is incurred by the committee.

(5) The council of a county in England may direct that any expenses incurred by them under the provisions specified in subsection (6) shall be treated as special expenses of a county council chargeable upon such part of the county as may be specified in the directions.

(6) Those provisions are—

(a) sections 1(1) to (5), 2(1) to (3) 41(8), 51, 52, 64, 65, 66(2), 82(1) and (4)(b), 83, 86 (except subsection (2)(a)), 87, 88 (except subsection (3)) and subsections (1) to (4) of this section and any other provisions of the planning Acts in so far as they apply, or have effect for the purposes of, any of those provisions; and

(b) sections 1(6), 3, 4, 5, 7 to 28A, 32 to 50 (except 39(6) . . .), 60(1) to (4), 61, 66(1), 67(2)(b),(6) and (7), 73(1) (so far as it applies to section 67(2)(b), (6) and (7)), 82(2), (3) and (4)(a) and Schedules 1, 2 and 3.

(7) There shall be paid out of money provided by Parliament—

(a) any sums necessary to enable the Secretary of State to make any payments becoming payable by him under section 28;

(b) any expenses incurred by any government department (including the Secretary of State) in the acquisition of land under sections 47 to 52 or in the payment of compensation under section 51(4) or 88(7) or under subsection (1);

(8) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

Part IV — Supplemental

Interpretation

91

(1) In this Act, except in so far as the context otherwise requires—

“address”, in relation to electronic communications, means any number or address used for the purpose of such communications;

“building preservation notice” has the meaning given in section 3(1);

“the Commission” means the Historic Buildings and Monuments Commission for England;

“conservation area” means an area for the time being designated under section 69;

“conservation area consent” has the meaning given in section 74(1);

“electronic communication” has the same meaning as in the Electronic Communications Act 2000;

“listed building” has the meaning given in section 1(5);

“listed building consent” has the meaning given in section 8(7);

“listed building enforcement notice” has the meaning given in section 38(1);

“listed building purchase notice” has the meaning given in section 32(1);

“local planning authority” shall be construed in accordance with section 81;

“prescribed”, except in relation to matters expressly required or authorised by this Act to be prescribed in some other way, means prescribed by regulations under this Act;

“the principal Act” means the Town and Country Planning Act 1990;

“town scheme agreement” has the meaning given in section 79.

(2) Subject to subsections (6) and (7) and except in so far as the context otherwise requires, the following expressions have the same meaning as in the principal Act—

“the 1962 Act”

“acquiring authority”

“the Broads”

“building”

“compulsory acquisition”

“development”

“development order”

. . .

“disposal”

“enactment”

“functions”

“government department”

“joint planning board”

“land”

“lease”

“local authority”

“London borough”

“minerals”

“Minister”

. . .

“owner”

“permission in principle”

“the planning Acts”

“planning permission”

“public gas supplier”

“use”

“Valuation Office”,

but this subsection does not affect the meaning of “owner” in section 11 ....

(3) In this Act “statutory undertakers” has the same meaning as in the principal Act except that—

(a) in sections 33 to 36 it shall be deemed to include references to a an electronic communications code operator and to a former PTO;

(b) in sections 33 to 36, 51(2)(a) and 90(2) it shall be deemed to include the a universal service provider in connection with the provision of a universal postal service, the Civil Aviation Authority, a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence), a public gas supplier, a holder of a licence under section 6 of the Electricity Act 1989, the Environment Agency, the Natural Resources Body for Wales and every water or sewerage undertaker.

(3A) The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

(3B) In subsections (3) and (3A) “universal service provider” has the same meaning as in Part 3 of the Postal Services Act 2011; and the references to the provision of a universal postal service shall be construed in accordance with that Part.

(4) References in the planning Acts to any of the provisions mentioned in section 82 include, except where the context otherwise requires, references to those provisions as modified under that section.

(5) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(5A) Where—

(a) an electronic communication is used for the purpose of serving or giving a notice or other document on or to any person for the purposes of this Act, and

(b) the communication is received by that person outside that person’s business hours,

it shall be taken to have been received on the next working day; and in this subsection “working day” means a day which is not a Saturday, Sunday, Bank Holiday or other public holiday.

(6) In sections 33 to 36, 53(1) 54, 55 and 88(3) “local authority”, in relation to a building or land in the Broads, includes the Broads Authority.

(7) For the purposes of subsection (1)(b) of section 57 and subsection (2) of that section as it applies for the purposes of that subsection the definition of “building” in the principal Act shall apply with the omission of the words “but does not include any plant or machinery comprised in a building”.

Application of Act to Isles of Scilly

92

(1) The Secretary of State shall, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of the provisions of this Act specified in subsection (2) as if those Isles were a separate county.

(2) The provisions referred to in subsection (1) are—

(a) sections 1(1) to (5), 2(1) to (3) 41(8), 51, 52, 64, 65, 66(2), 82(1) and (4)(b), . . . 86 (except subsection (2)(a)), 87, 88 (except subsection (3)), 90(1) to (4) and any other provisions of the planning Acts in so far as they apply, or have effect for the purposes of, any of those provisions; and

(b) sections 1(6), 3, 4, 5, 7 to 28A, 32 to 50 (except 39(6) and 42(6)), 60(1) to (4), 61, 66(1), 67(2)(b),(6) and (7), 73(1) (so far as it applies to section 67(2)(b), (6) and (7)), 75(1), (5) and (6), 82(2), (3) and (4)(a) and Schedules 1, 2 , 2A and 3.

(3) The Secretary of State, may, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of sections 2(4) and (5), 53 to 55, 59, 67(1) to (6), 69 to 72, 73(1), 74 to 76 and 88(3) and paragraph 4 of Schedule 4 as if those Isles were a separate county or district.

(4) Any order under this section may provide for the application of provisions to the Isles subject to such modifications as may be specified in the order.

Regulations and orders

93

(1) The Secretary of State may make regulations under this Act ...—

(a) for prescribing the form of any notice, order or other document authorised or required by any of the provisions of this Act to be served, made or issued by any local authority or National Park authority;

(b) for any purpose for which regulations are authorised or required to be made under this Act.

(2) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.

(3) Any statutory instrument containing regulations made under this Act ... shall be subject to annulment in pursuance of a resolution of either House of Parliament ....

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The power to make orders under sections 8(5), 26C, ... 60, 75(7) ... and 92 shall be exercisable by statutory instrument.

(5) Any statutory instrument which contains an order under section ... 60 or 75(7) shall be subject to annulment in pursuance of a resolution of either House of Parliament ....

(6) Regulations made under this Act and orders made under this Act by statutory instrument may make consequential, supplementary, incidental, transitional, transitory or saving provision.

(6A) Regulations and orders may make different provision for different purposes.

(6B) The powers to make regulations under sections 10(3)(b), 67(1) and 73(1) must be taken to be powers mentioned in section 100(2) of the Local Government Act 2003 (powers exercisable in relation to descriptions of certain local authorities which fall into particular categories for the purposes of section 99 of that Act).

(7) Without prejudice to section 14 of the Interpretation Act 1978, any power conferred by this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

Short title, commencement and extent

94

(1) This Act may be cited as the Planning (Listed Buildings and Conservation Areas) Act 1990.

(2) Except as provided in Schedule 4 to the Planning (Consequential Provisions) Act 1990, this Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3) This Act extends to England and Wales only.

SCHEDULE 1

1

Subject to paragraph 2, every building which immediately before lst January 1969 was subject to a building preservation order under Part III of the 1962 Act, but was not then included in a list compiled or approved under section 32 of that Act, shall be deemed to be a listed building.

2

(1) The Secretary of State may at any time direct, in the case of any building, that paragraph 1 shall no longer apply to it.

(2) The local planning authority in whose area a building in respect of which such a direction is given is situated shall, on being notified of the direction, give notice of it to the owner and occupier of the building.

(3) Before giving such a direction in relation to a building ..., the Secretary of State shall consult with the Commission who shall in turn consult with the local planning authority and the owner and occupier of the building.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

In the case of a building to which paragraph 1 applies—

(a) a notice of appeal under section 20 may include a claim that the Secretary of State should give a direction under paragraph 2 with respect to the building and on such an appeal the Secretary of State may give such a direction; and

(b) such a direction may also be given on an appeal under section 39.

SCHEDULE 2

1

This Schedule applies where a building preservation notice ceases to be in force by virtue of—

(a) the expiry of the six month period mentioned in subsection (3)(b) of section 3; or

(b) the service of a notification by the Secretary of State under subsection (4)(b) of that section.

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

The fact that the notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 9 , 43 or 44AB committed with respect to the building while it was in force.

3

Any proceedings on or arising out of an application for listed building consent with respect to the building made while the notice was in force and any such consent granted while it was in force shall lapse.

4

(1) Any listed building enforcement notice served by the local planning authority while the building preservation notice was in force shall cease to have effect.

(2) Any proceedings on it under sections 38 to 40 shall lapse.

(3) Notwithstanding sub-paragraph (1), section 42(1) and (2) shall continue to have effect as respects any expenses incurred by the local authority, owner or occupier as mentioned in that section and with respect to any sums paid on account of such expenses.

(4) The reference to a local authority in sub-paragraph (3) above includes a reference to any National Park authority which is the local planning authority for any area.

SCHEDULE 3

Determination of appeals by appointed person

1

(1) The Secretary of State may by regulations prescribe the classes of appeals under sections 20 , 26K and 39 which are to be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.

(2) Appeals of a prescribed class shall be so determined except in such classes of case as may for the time being be prescribed or as may be specified in directions given by the Secretary of State.

(3) Regulations made for the purpose of this paragraph may provide for the giving of publicity to any directions given by the Secretary of State under this paragraph.

(4) This paragraph shall not affect any provision in this Act or any instrument made under it that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.

(5) A person appointed under this paragraph is referred to in this Schedule as “an appointed person”.

Powers and duties of appointed person

2

(1) An appointed person shall have the same powers and duties—

(a) in relation to an appeal under section 20, as the Secretary of State has under subsection (1) of section 22 and paragraph 2 of Schedule 1;

(aa) in relation to an appeal under section 26K, as the Secretary of State has under section 26K(4) to (6); and

(b) in relation to an appeal under section 39, as he has under section 41(1), (2) (2A), (5) or (6) and paragraph 2 of Schedule 1.

(2) Sections 22(2) and 40(2) shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the local planning authority whether they wish to appear before and be heard by the appointed person.

(3) If both the parties express a wish not to appear and be heard the appeal may be determined without their being heard.

(4) If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so.

(4B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

(6) Except as provided by sections 62 to 65, the validity of that decision shall not be questioned in any proceedings whatsoever.

(7) It shall not be a ground of application to the High Court under section 63, or of appeal to the High Court under section 65, that an appeal ought to have been determined by the Secretary of State and not by an appointed person, unless the appellant or the local planning authority challenge the appointed person’s power to determine the appeal before his decision on the appeal is given.

(8) Where in any enactment (including this Act) there is a reference to the Secretary of State in a context relating or capable of relating—

(a) to an appeal under section 20 , 26K or 39, or

(b) to anything done or authorised or required to be done by, to or before the Secretary of State on or in connection with any such appeal,

then so far as the context permits it shall be construed, in relation to an appeal determined or falling to be determined by an appointed person, as a reference to him.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of appeals by Secretary of State

3

(1) The Secretary of State may, if he thinks fit, direct that an appeal which would otherwise fall to be determined by an appointed person shall instead be determined by the Secretary of State.

(2) Such a direction shall state the reasons for which it is given and shall be served on the appellant, the local planning authority, any person who made representations relating to the subject matter of the appeal which the authority were required to take into account by regulations made under section 11(4) and, if any person has been appointed under paragraph 1, on him.

(3) Where in consequence of such a direction an appeal under section 20 , 26K or 39 falls to be determined by the Secretary of State himself, the provisions of this Act which are relevant to the appeal shall, subject to the following provisions of this paragraph, apply to the appeal as if this Schedule had never applied to it.

(4) The Secretary of State shall give the appellant, the local planning authority and any person who has made such representations as are referred to in sub-paragraph (2) an opportunity of appearing before and being heard by a person appointed by the Secretary of State for that purpose if—

(a) the reasons for the direction raise matters with respect to which any of those persons have not made representations; or

(b) in the case of the appellant and the local planning authority, either of them was not asked in pursuance of paragraph 2(2) whether they wished to appear before and be heard by the appointed person, or expressed no wish in answer to that question, or expressed a wish to appear and be heard but was not given an opportunity of doing so.

(4C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Except as provided by sub-paragraph (4) ..., the Secretary of State need not give any person an opportunity of appearing before and being heard by a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made.

(6) In determining the appeal the Secretary of State may take into account any report made to him by any person previously appointed to determine it.

4

(1) The Secretary of State may by a further direction revoke a direction under paragraph 3 at any time before the determination of the appeal.

(2) Such a further direction shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the appellant, the local planning authority and any person who made representations relating to the subject matter of the appeal which the authority were required to take into account by regulations made under section 11(4).

(3) Where such a further direction has been given the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given.

(4) Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the appointed person (including any arrangements made for the holding of a hearing or local inquiry) shall unless that person directs otherwise, be treated as having been done by him.

Appointment of another person to determine appeal

5

(1) At any time before the appointed person has determined the appeal the Secretary of State may—

(a) revoke his appointment; and

(b) appoint another person under paragraph 1 to determine the appeal instead.

(2) Where such a new appointment is made the consideration of the appeal or any inquiry or other hearing in connection with it shall be begun afresh.

(3) Nothing in sub-paragraph (2) shall require—

(a) the question referred to in paragraph 2(2) to be asked again with reference to the new appointed person if before his appointment it was asked with reference to the previous appointed person (any answers being treated as given with reference to the new appointed person); or

(b) any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Local inquiries and hearings

6

(1) Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person—

(a) may hold a local inquiry in connection with the appeal; and

(b) shall do so if the Secretary of State so directs.

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where an appointed person—

(a) holds a hearing by virtue of paragraph 2(4) ...; or

(b) holds an inquiry by virtue of this paragraph,

an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal.

(3) Subject to sub-paragraph (4), the costs of any such hearing or inquiry shall be paid by the Secretary of State.

(4) Section 250(2) to (5) of the Local Government Act 1972 (local inquiries: evidence and costs) applies to an inquiry held by virtue of this paragraph ... with the following adaptations—

(a) for the references in subsection (4) (recovery of costs of holding the inquiry) to the Minister causing the inquiry to be held, there shall be substituted references to the Secretary of State; and

(b) for the reference in subsection (5) (orders as to the costs of the parties) to the Minister causing the inquiry to be held, there shall be substituted a reference to the appointed person or the Secretary of State.

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to sub-paragraph (6), at any such inquiry oral evidence shall be heard in public and documentary evidence shall be open to public inspection.

(6) If the Secretary of State is satisfied in the case of any such inquiry—

(a) that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in sub-paragraph (7); and

(b) that the public disclosure of that information would be contrary to the national interest,

he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons or persons of such descriptions as he may specify in that direction.

(7) The matters referred to in sub-paragraph (6)(a) are—

(a) national security; and

(b) the measures taken or to be taken to ensure the security of any premises or property.

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