Planning (Listed Buildings and Conservation Areas) Act 1990

• (7) An order may in particular make provision about the making, coming into force, variation and revocation of such a direction, including provision conferring powers on the Secretary of State.

• (8) Nothing in sections 10 to 26 applies in relation to listed building consent granted by a local listed building consent order; but that does not affect the application of sections 20, 21 and 22 in relation to an application for approval required by a condition to which consent is subject.

• (9) Schedule 2A makes provision in connection with local listed building consent orders.

26E

• (1) At any time before a local listed building consent order is adopted by a local planning authority the Secretary of State may direct that the order (or any part of it) is not to be adopted without the Secretary of State's approval.

• (2) If the Secretary of State gives a direction under subsection (1)—

• (a) the authority must not take any step in connection with the adoption of the order until they have submitted the order or the part to the Secretary of State and the Secretary of State has decided whether to approve it;

• (b) the order has no effect unless it (or the part) has been approved by the Secretary of State.

• (3) In considering an order or part submitted under subsection (2)(a) the Secretary of State may take account of any matter the Secretary of State thinks relevant.

• (4) It is immaterial whether any such matter was taken account of by the local planning authority.

• (5) The Secretary of State—

• (a) may approve or reject an order or part of an order submitted under subsection (2)(a);

• (b) must give reasons for that decision.

• (6) The Secretary of State—

• (a) may at any time before a local listed building consent order is adopted by the local planning authority, direct them to modify it in accordance with the direction;

• (b) must give reasons for any such direction.

• (7) The local planning authority—

• (a) must comply with a direction under subsection (6);

• (b) must not adopt the order unless the Secretary of State gives notice of being satisfied that they have complied with the direction.

• (8) The Secretary of State—

• (a) may at any time by order revoke a local listed building consent order if of the opinion that it is expedient to do so;

• (b) must give reasons for doing so.

• (9) The Secretary of State—

• (a) must not make an order under subsection (8) without consulting the local planning authority;

• (b) if proposing to make such an order, must serve notice on the local planning authority.

• (10) A notice under subsection (9)(b) must specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

• (11) The Secretary of State must give the authority such an opportunity if they require it within the period specified in the notice.

26F

• (1) In considering whether to make a listed building consent order or local listed building consent order the Secretary of State or local planning authority must have special regard to the desirability of preserving—

• (a) listed buildings of a description to which the order applies,

• (b) their setting, or

• (c) any features of special architectural or historic interest which they possess.

• (2) Before making a listed building consent order the Secretary of State must consult the Commission.

26G

• (1) A listed building consent order or local listed building consent order may include provision permitting the completion of works if—

• (a) listed building consent is granted by the order in respect of the works, and

• (b) the listed building consent is withdrawn after the works are started but before they are completed.

• (2) Listed building consent granted by an order is withdrawn—

• (a) if the order is revoked;

• (b) if the order is varied or (in the case of a local listed building consent order) revised so that it ceases to grant listed building consent in respect of the works or materially changes any condition or limitation to which the grant of listed building consent is subject;

• (c) if a direction applying to the listed building is issued under powers conferred under section 26C(5) or 26D(6).

Buildings in England: certificates of lawfulness

26H

• (1) A person who wishes to ascertain whether proposed works for the alteration or extension of a listed building ... would be lawful may make an application to the local planning authority specifying the building and describing the works.

• (2) For the purposes of this section works would be lawful if they would not affect the character of the listed building as a building of special architectural or historic interest.

• (3) If on an application under this section the local planning authority are provided with information satisfying them that the works described in the application would be lawful at the time of the application, they must issue a certificate to that effect; and in any other case they must refuse the application.

• (4) A certificate under this section must—

• (a) specify the building to which it relates;

• (b) describe the works concerned;

• (c) give the reasons for determining that the works would be lawful; and

• (d) specify the date of issue of the certificate.

• (5) Works for which a certificate is issued under this section are to be conclusively presumed to be lawful, provided that—

• (a) they are carried out within 10 years beginning with the date of issue of the certificate, and

• (b) the certificate is not revoked under section 26I.

26I

• (1) An application for a certificate under section 26H must be made in such manner as may be prescribed by regulations under this Act.

• (2) An application must include such particulars, and be verified by such evidence, as may be required—

• (a) by the regulations,

• (b) by any directions given under the regulations, or

• (c) by the local planning authority.

• (3) Regulations under this Act may make provision about how applications for a certificate under section 26H are to be dealt with by local planning authorities.

• (4) In particular, regulations may provide for requiring the authority—

• (a) to give to any applicant within a prescribed period such notice as may be prescribed as to the manner in which the application has been dealt with; and

• (b) to give to the Secretary of State, and to such other persons as may be prescribed, prescribed information with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.

• (5) A certificate under section 26H may be issued--

• (a) for the whole or part of the listed building specified in the application; and

• (b) for all or part of the works described in the application;

and must be in such form as may be prescribed.

• (6) A local planning authority may revoke a certificate under section 26H if, on the application for the certificate—

• (a) a statement was made or document used which was false in a material particular; or

• (b) any material information was withheld.

• (7) Regulations under this section may make provision for regulating the manner in which certificates may be revoked and the notice to be given of such revocation.

26J

• (1) A person is guilty of an offence if, for the purpose of procuring a particular decision on an application (whether or not by that person) for the issue of a certificate under section 26H, the person—

• (a) knowingly or recklessly makes a statement which is false or misleading in a material particular;

• (b) with intent to deceive, uses any document which is false or misleading in a material particular; or

• (c) with intent to deceive, withholds any material information.

• (2) A person guilty of an offence under subsection (1) is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; or

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

• (3) Notwithstanding section 127 of the Magistrates' Courts Act 1980, a magistrates' court may try an information in respect of an offence under subsection (1) whenever laid.

26K

• (1) Where an application is made to a local planning authority for a certificate under section 26H and—

• (a) the application is refused or is refused in part, or

• (b) the authority do not give notice to the applicant of their decision on the application within such period as may be prescribed under section 26I or within such extended period as may at any time be agreed in writing between the applicant and the authority,

the applicant may by notice appeal to the Secretary of State.

• (2) A notice of appeal under this section—

• (a) must be served within such time and in such manner as may be prescribed;

• (b) must be accompanied by such information as may be prescribed.

• (3) The time prescribed for the service of a notice of appeal under this section must not be less than—

• (a) 28 days from the date of notification of the decision on the application; or

• (b) in the case of an appeal under subsection (1)(b), 28 days from—

• (i) the end of the period prescribed as mentioned in subsection (1)(b), or

• (ii) as the case may be, the extended period mentioned in subsection (1)(b).

• (4) On an appeal under this section, the Secretary of State must grant the appellant a certificate under section 26H or, in the case of a refusal in part, modify the certificate granted by the authority on the application, if and so far as the Secretary of State is satisfied—

• (a) in the case of an appeal under subsection (1)(a), that the authority's refusal is not well-founded, or

• (b) in the case of an appeal under subsection (1)(b), that if the authority had refused the application their refusal would not have been well-founded.

• (5) If and so far as the Secretary of State is satisfied that the authority's refusal is or, as the case may be, would have been well-founded, the Secretary of State must dismiss the appeal.

• (6) Where the Secretary of State grants a certificate under section 26H on an appeal under this section, the Secretary of State must give notice to the local planning authority of that fact.

• (7) References in this section to a refusal of an application in part include a modification or substitution of the description in the application of the works concerned.

• (8) Schedule 3 applies to an appeal under this section.

28A

• (1) Section 28 also has effect (subject to subsections (2) and (3)) where—

• (a) listed building consent granted by a listed building consent order or a local listed building consent order is withdrawn (whether by the revocation or amendment of the order or by the issue of a direction), and

• (b) on an application for listed building consent made within the prescribed period after the withdrawal, consent for works formerly authorised by the order is refused or is granted subject to conditions other than those imposed by the order.

• (2) Section 28 does not have effect by virtue of subsection (1) if—

• (a) the works authorised by the order were started before the withdrawal, and

• (b) the order included provision in pursuance of section 26G permitting the works to be completed after the withdrawal.

• (3) Section 28 does not have effect by virtue of subsection (1) if—

• (a) notice of the withdrawal was published in the prescribed manner and within the prescribed period before the withdrawal, and

• (b) the works authorised by the order were not started before the notice was published.

• (4) Where section 28 has effect by virtue of subsection (1), references in section 28(2) and (3) to the revocation or modification of listed building consent are references to the withdrawal of the listed building consent by revocation or amendment of the order or by issue of the direction.

Publicity for applications affecting setting of listed buildings.

Compensation for loss or damage caused by interim protection

Cases in which s. 74 does not apply.

Authorities exercising functions under Act.

Procedure on reference of listed building purchase notice to Secretary of State.

Power to issue listed building enforcement notice.

Application to the Crown

Urgent works relating to Crown land: application

Expressions relating to the Crown

Determination of procedure for certain proceedings

Rights of entry: supplementary provisions.

Interpretation.

Determination of procedure for certain proceedings: Wales

Determination of procedure for certain proceedings: England

Application of Act to Isles of Scilly.

Regulations and orders.

SCHEDULE 2A

Preparation

1

• (1) A local listed building consent order must be prepared in accordance with such procedure as is prescribed by regulations under this Act.

• (2) The regulations may include provision as to—

• (a) the preparation, submission, approval, adoption, revision, revocation and withdrawal of a local listed building consent order;

• (b) notice, publicity, and inspection by the public;

• (c) consultation with and consideration of views of such persons and for such purposes as are prescribed;

• (d) the making and consideration of representations.

Revision

2

• (1) The local planning authority may at any time prepare a revision of a local listed building consent order.

• (2) An authority must prepare a revision of a local listed building consent order—

• (a) if the Secretary of State directs them to do so, and

• (b) in accordance with such timetable as the Secretary of State directs.

• (3) This Schedule applies to the revision of a local listed building consent order as it applies to the preparation of the order.

• (4) A local listed building consent order may not be varied except by revision under this paragraph.

Order to be adopted

3

A local listed building consent order is of no effect unless it is adopted by resolution of the local planning authority.

Annual report

4

• (1) While a local listed building consent order is in force the local planning authority must prepare reports containing such information as is prescribed as to the extent to which the order is achieving its purposes.

• (2) A report under this paragraph must—

• (a) be in respect of a period—

• (i) which the authority considers appropriate in the interests of transparency,

• (ii) which begins with the end of the period covered by the authority's most recent report under this paragraph (or, in the case of the first report, with the day the order comes into force), and

• (iii) which is not longer than 12 months or such shorter period as is prescribed;

• (b) be in such form as is prescribed;

• (c) contain such other matter as is prescribed.

• (3) The authority must make its reports under this section available to the public.

Application to the Crown

Expressions relating to the Crown

Urgent works relating to Crown land: application

Interpretation.

Rights of entry: Crown land

Interpretation.

Offence where listed building enforcement notice not complied with.

Regulations and orders.

Regulations and orders.

Injunctions.

Injunctions.

Heritage partnership agreements: supplemental

Power to issue listed building enforcement notice.

Compensation for loss or damage in Wales caused by service of building preservation notice.

References to an interest in land

Financial provisions.

Interpretation.

Regulations and orders.

Appeal against listed building enforcement notice.

Appeals: supplementary provisions.

Determination of procedure for certain proceedings: Wales

88E

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

Offence where listed building enforcement notice not complied with.

Temporary stop notices ...

Regulations and orders.

Appeal against listed building enforcement notice.

Financial provisions.

Proceedings for questioning validity of other orders, decisions and directions.

Expressions relating to the Crown

Enforcement in relation to the Crown

Financial provisions.

Temporary stop notices in England: offence

Dangerous structure orders in respect of listed buildings.

2A

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

2B

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2C

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2D

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

...

26L

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26M

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28B

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

Determination of appeals under s. 39.

Injunctions.

Proceedings for questioning validity of other orders, decisions and directions.

General duty as respects listed buildings in exercise of planning functions.

Authorities exercising functions under Act.

Cases in which s. 74 does not apply.

References to an interest in land

Authorities exercising functions under Act.

Urgent works relating to Crown land: application

Expressions relating to the Crown

Enforcement in relation to the Crown

Rights of entry: supplementary provisions.

Rights of entry: supplementary provisions.

Regulations and orders.

Determination of procedure for certain proceedings: Wales

Financial provisions.

Financial provisions.

Application of Act to Isles of Scilly.

Application of Act to Isles of Scilly.

SCHEDULE 1A

1

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

2

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3

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4

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5

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SCHEDULE 1B

Decisions on reviews by appointed persons

1

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

Powers and duties of appointed person

2

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

Appointment of another person to make a decision on a review

3

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

Local inquiries, hearings and written representations

4

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

Directions

5

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

Delegation

6

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

Supplementary provision

7

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

6A

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44B

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44C

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44D

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

5

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

3A

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

Proceedings for questioning validity of other orders, decisions and directions.

General duty as respects listed buildings in exercise of planning functions.

Application to the Crown

Control of demolition in conservation areas.

Application to the Crown

Urgent works relating to Crown land: application

Expressions relating to the Crown

Enforcement in relation to the Crown

References to an interest in land

Rights of entry: supplementary provisions.

Determination of procedure for certain proceedings: England

Determination of procedure for certain proceedings: Wales

Interpretation.

Regulations and orders.

18A

• (1) This section applies in relation to listed building consent granted or deemed to be granted—

• (a) in relation to a building in England, and

• (b) subject to a condition which has the effect that the works to which the consent relates must be begun not later than a time falling within the period—

• (i) beginning with 23 March 2020, and

• (ii) ending with 31 December 2020.

• (2) The condition is deemed to provide instead that the works to which the consent relates must be begun not later than 1 May 2021.

• (3) The time by which the works must be begun is not to be extended (whether by section 18(2B) or otherwise) to a later time than that for the time being provided for in subsection (2).

• (4) The reference in subsection (1) to listed building consent being granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the consent being subject to a condition which has that effect by virtue of being subsequently modified (whether under section 18(2B) or otherwise).

44AA

• (1) This section applies where it appears to a local planning authority ... that—

• (a) works have been or are being executed to a listed building in their area, and

• (b) the works are such as to involve a contravention of section 9(1) or (2).

• (2) The authority may issue a temporary stop notice if, having regard to the effect of the works on the character of the building as one of special architectural or historic interest, they consider it is expedient that the works (or part of them) be stopped immediately.

• (3) A temporary stop notice must be in writing and must—

• (a) specify the works in question,

• (b) prohibit execution of the works (or so much of them as is specified in the notice),

• (c) set out the authority’s reasons for issuing the notice, and

• (d) include a statement of the effect of section 44AB.

• (4) A temporary stop notice may be served on a person who appears to the authority—

• (a) to be executing the works or causing them to be executed,

• (b) to have an interest in the building, or

• (c) to be an occupier of the building.

• (5) The authority must display a copy of the notice on the building; and the copy must specify the date on which it is first displayed.

• (6) A temporary stop notice takes effect when the copy of it is first displayed in accordance with subsection (5).

• (7) A temporary stop notice ceases to have effect—

• (a) at the end of the period of 56 days beginning with the day on which the copy of it is first displayed in accordance with subsection (5), or

• (b) if the notice specifies a shorter period beginning with that day, at the end of that period.

• (8) But if the authority withdraws the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal.

• (9) A local planning authority may not issue a subsequent temporary stop notice in relation to the same works unless the authority have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1)(b).

• (10) The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 44A.

• (11) A temporary stop notice does not prohibit the execution of works of such description, or the execution of works in such circumstances, as the Secretary of State may by regulations prescribe.

44AB

• (1) A person is guilty of an offence if the person contravenes, or causes or permits a contravention of, a temporary stop notice—

• (a) which has been served on the person under section 44AA(4), or

• (b) a copy of which has been displayed in accordance with section 44AA(5).

• (2) An offence under this section may be charged by reference to a day or to some longer period; and accordingly, a person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different periods.

• (3) In proceedings against a person for an offence under this section, it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.

• (4) In proceedings against a person for an offence under this section, it is also a defence for the person to show—

• (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.

• (5) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

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

44AC

• (1) A person who, on the day when a temporary stop notice is first displayed in accordance with section 44AA(5), has an interest in the building is, on making a claim to the local planning authority within the prescribed time and in the prescribed manner, entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.

• (2) But subsection (1) applies only if—

• (a) the works specified in the notice are not such as to involve a contravention of section 9(1) or (2), or

• (b) the authority withdraws the notice other than following the grant of listed building consent, after the day mentioned in subsection (1), which authorises the works.

• (3) The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice.

• (4) No compensation is payable under this section in the case of loss or damage suffered by a claimant if—

• (a) the claimant was required to provide information under a relevant provision, and

• (b) the loss or damage could have been avoided if the claimant had provided the information or had otherwise co-operated with the planning authority when responding to the notice.

• (5) In subsection (4)(a), each of the following is a relevant provision—

• (a) section 16 of the Local Government (Miscellaneous Provisions) Act 1976, and

• (b) section 330 of the principal Act.

4A

Any temporary stop notice served under section 44AA(4) by the local planning authority with respect to the building while the building preservation notice was in force ceases to have effect.

Heritage partnership agreements: supplemental

Listed building consent orders

Effect of listed building consent on listed building enforcement notice.

General duty as respects listed buildings in exercise of planning functions.

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

Control of demolition in conservation areas.

Cases in which s. 74 does not apply.

Urgent works relating to Crown land: application

Expressions relating to the Crown

Enforcement in relation to the Crown

Determination of procedure for certain proceedings: ...

Determination of procedure for certain proceedings: Wales

Financial provisions.

Interpretation.

Application of Act to Isles of Scilly.