Planning (Listed Buildings and Conservation Areas) Act 1990

Part I — Listed Buildings

Chapter 1 — Listing of special buildings

Authorities exercising functions under Act.

1

• (1) For the purposes of this Act and with a view to the guidance of local planning authorities in the performance of their functions under this Act and the principal Act in relation to buildings of special architectural or historic interest, the Secretary of State shall compile lists of such buildings, or approve, with or without modifications, such lists compiled by the Historic Buildings and Monuments Commission for England (in this Act referred to as “the Commission”) or by other persons or bodies of persons, and may amend any list so compiled or approved.

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

• (3) In considering whether to include a building in a list compiled or approved under this section, the Secretary of State may take into account not only the building itself but also—

• (a) any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part; and

• (b) the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building.

• (4) Before compiling, approving (with or without modifications) or amending any list under this section ... the Secretary of State shall consult—

• (a) ... with the Commission; and

• (b) with such other persons or bodies of persons as appear to him appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.

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

• (5) In this Act “listed building” means a building which is for the time being included in a list compiled or approved by the Secretary of State under this section; and for the purposes of this Act—

• (a) any object or structure fixed to the building;

• (b) any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so since before lst July 1948,

shall , subject to subsection (5A)(a), be treated as part of the building.

• (5A) In a list compiled or approved under this section, an entry for a building ... may provide—

• (a) that an object or structure mentioned in subsection (5)(a) or (b) is not to be treated as part of the building for the purposes of this Act;

• (b) that any part or feature of the building is not of special architectural or historic interest.

• (6) Schedule 1 shall have effect for the purpose of making provision as to the treatment as listed buildings of certain buildings formerly subject to building preservation orders.

Control of demolition in conservation areas.

2

• (1) As soon as possible after any list has been compiled or approved under section 1 or any amendments of such a list have been made, a copy of so much of the list as relates to any district ... or London borough or, as the case may be, of so much of the amendments as so relates, certified by or on behalf of the Secretary of State to be a true copy, shall be deposited—

• (a) in the case of a London borough, with the council of the borough and with the chief officer of the Commission; . . . and

• (b) in the case of a district—

• (i) with the district council;

• (ii) with the county planning authority whose area or any part of whose area includes the district, or any part of it; and

• (iii) where the district council are not the district planning authority, with that authority; ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Any copy deposited under subsection (1) shall be a local land charge, and the council with whom a copy is deposited shall be treated for the purposes of the Local Land Charges Act 1975 as the originating authority as respects the charge constituted by the deposit.

• (3) As soon as possible after the inclusion of any building ... in a list under section 1 (whether it is included when the list is compiled, approved or amended) or as soon as possible after any such list has been amended by the exclusion of any building from it—

• (a) the Secretary of State shall inform the council of the district ... or London borough in whose area the building is situated of the inclusion or exclusion; and

• (b) the council shall serve a notice in the prescribed form on every owner and occupier of the building, stating that the building has been included in or excluded from the list.

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

• (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Secretary of State shall keep available for public inspection free of charge at reasonable hours and at a convenient place, copies of all lists and amendments of lists, compiled, approved or made by him under section 1.

• (5) Every authority with whom copies of any list or amendments are deposited under this section shall similarly keep available copies of so much of any such list or amendment as relates to buildings within their area.

• (6) For the purposes of subsection (5) the Commission shall be taken to be an authority whose area is Greater London.

Temporary listing: building preservation notices

3

• (1) If it appears to a local planning authority, other than a county planning authority, that a building in their area which is not a listed building—

• (a) is of special architectural or historic interest; and

• (b) is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest,

they may serve on the owner and occupier of the building a notice (in this Act referred to as a “building preservation notice”).

• (1A) Before serving a building preservation notice under this section, the local planning authority must consult with the Commission.

• (1B) Subsection (1A) does not apply where the Commission proposes to serve a building preservation notice under this section (see subsection (8)).

• (2) A building preservation notice served by a local planning authority ... shall—

• (a) state that the building appears to them to be of special architectural or historic interest and that they have requested the Secretary of State to consider including it in a list compiled or approved under section 1; and

• (b) explain the effect of subsections (3) to (5) and Schedule 2.

• (3) A building preservation notice ... —

• (a) shall come into force as soon as it has been served on both the owner and occupier of the building to which it relates; and

• (b) subject to subsection (4), shall remain in force for six months from the date when it is served or, as the case may be, last served.

• (4) A building preservation notice ... shall cease to be in force if the Secretary of State—

• (a) includes the building in a list compiled or approved under section 1, or

• (b) notifies the local planning authority in writing that he does not intend to do so.

• (5) While a building preservation notice ... is in force with respect to a building, the provisions of this Act (other than section 59) and the principal Act shall have effect in relation to the building as if it were a listed building.

• (6) If, following the service of a building preservation notice ..., the Secretary of State notifies the local planning authority that he does not propose to include the building in a list compiled or approved under section 1, the authority shall immediately give notice of that decision to the owner and occupier of the building.

• (7) Following such a notification by the Secretary of State no further building preservation notice in respect of the building shall be served by the local planning authority within the period of 12 months beginning with the date of the notification.

• (8) The Commission shall, as respects any London borough, have concurrently with the council of that borough the functions of a local planning authority under this section; and references to the local planning authority shall be construed accordingly.

Temporary listing in urgent cases

4

• (1) If it appears to the local planning authority to be urgent that a building preservation notice should come into force, they may, instead of serving the notice on the owner and occupier of the building, affix the notice conspicuously to some object on the building.

• (2) The affixing of a notice under subsection (1) shall be treated for all the purposes of section 3, this section, sections 5 and 10 to 26 and Schedule 2 as service of the notice.

• (3) A notice which is so affixed must explain that by virtue of being so affixed it is treated as being served for those purposes.

• (4) The Commission shall, as respects any London borough, have concurrently with the council of that borough the functions of a local planning authority under this section; and references to the local planning authority shall be construed accordingly.

Provisions applicable on lapse of building preservation notice

5

• (...) Schedule 2 to this Act shall have effect as respects the lapse of building preservation notices.

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

Issue of certificate that building not intended to be listed

6

• (A1) The Secretary of State may, on the application of any person, issue a certificate stating that the Secretary of State does not intend to list a building ....

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

• (2) The issue of a certificate under subsection (A1) ... in respect of a building shall—

• (a) preclude the Secretary of State for a period of 5 years from the date of issue from exercising in relation to that building any of the powers conferred on him by section 1; and

• (b) preclude the local planning authority for that period from serving a building preservation notice in relation to it.

• (3) Notice of an application under subsection (A1) ... shall be given to the local planning authority within whose area the building is situated at the same time as the application is submitted to the Secretary of State.

• (4) In this section “local planning authority”, in relation to a building in Greater London, includes the Commission.

Chapter II — Authorisation of works affecting listed buildings

Control of works in respect of listed buildings

Restriction on works affecting listed buildings

7

• (1) Subject to the following provisions of this Act, no person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised under section 8.

• (2) Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).

Authorisation of works: listed building consent

8

• (1) Works for the alteration or extension of a listed building are authorised if—

• (a) written consent for their execution has been granted by the local planning authority or the Secretary of State; and

• (b) they are executed in accordance with the terms of the consent and of any conditions attached to it.

• (2) Works for the demolition of a listed building are authorised if—

• (a) such consent has been granted for their execution;

• (b) notice of the proposal to execute the works has been given to the Royal Commission;

• (c) after such notice has been given either—

• (i) for a period of at least one month following the grant of such consent, and before the commencement of the works, reasonable access to the building has been made available to members or officers of the Royal Commission for the purpose of recording it; or

• (ii) the Secretary of the Royal Commission, or another officer of theirs with authority to act on their behalf for the purposes of this section, has stated in writing that they have completed their recording of the building or that they do not wish to record it; and

• (d) the works are executed in accordance with the terms of the consent and of any conditions attached to it.

• (3) Where—

• (a) works for the demolition of a listed building or for its alteration or extension are executed without such consent; and

• (b) written consent is granted by the local planning authority or the Secretary of State for the retention of the works,

the works are authorised from the grant of that consent.

• (4) In this section “the Royal Commission” means—

• (a) ... the Royal Commission on the Historical Monuments of England; and

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

• (5) The Secretary of State may by order provide that subsection (2) shall have effect with the substitution for the references to the Royal Commission of references to such other body as may be so specified.

• (6) Such an order—

• (a) shall apply in the case of works executed or to be executed on or after such date as may be specified in the order; ...

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

• (7) Consent under subsection (1), (2) or (3) is referred to in this Act as “listed building consent”.

Offences

9

• (1) If a person contravenes section 7 he shall be guilty of an offence.

• (2) Without prejudice to subsection (1), if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent, he shall be guilty of an offence.

• (3) In proceedings for an offence under this section it shall be a defence to prove the following matters—

• (a) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building;

• (b) that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter;

• (c) that the works carried out were limited to the minimum measures immediately necessary; and

• (d) that notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable.

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

• (4) A person who is guilty of an offence under this section shall be liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine, or both; or

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.

• (5) In determining the amount of any fine to be imposed on a person convicted . . . of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

Applications for listed building consent

Making of applications for listed building consent

10

• (1) Except as provided in sections 12 to 15, an application for listed building consent shall be made to and dealt with by the local planning authority.

• (2) Such an application . . . shall contain—

• (a) sufficient particulars to identify the building to which it relates, including a plan;

• (b) such other plans and drawings as are necessary to describe the works which are the subject of the application; and

• (c) such other particulars as may be required by the authority.

• (3) Provision may be made by regulations under this Act with respect to—

• (a) the form and manner in which such applications are to be made;

• (aa) particulars of such matters as are to be included in such applications;

• (ab) the documents or other materials as are to accompany such applications;

• (b) requirements as to publicity in relation to such applications;

• (c) the time within which they are to be dealt with by local planning authorities or, as the case may be, by the Secretary of State.

• (d) requirements as to consultation in relation to such applications;

• (e) prohibiting the determination of such applications during such period as is prescribed;

• (f) requirements on the local planning authority to take account of responses from persons consulted.

• (4) The regulations must require that an application for listed building consent of such description as is prescribed must be accompanied by such of the following as is prescribed—

• (a) a statement about the design principles and concepts that have been applied to the works;

• (b) a statement about how issues relating to access to the building have been dealt with.

• (5) The form and content of a statement mentioned in subsection (4) is such as is prescribed.

Certificates as to applicant’s status etc

11

• (1) Regulations under this Act may provide that an application for listed building consent shall not be entertained unless it is accompanied by one of the following certificates in the prescribed form and signed by or on behalf of the applicant—

• (a) a certificate stating that, at the beginning of the period of 21 days ending with the date of the application, no person (other than the applicant) was the owner of any of the building to which the application relates;

• (b) a certificate stating that the applicant has given the requisite notice of the application to all the persons (other than himself) who at the beginning of that period were owners of any of the building to which the application relates;

• (c) a certificate stating—