Planning (Listed Buildings and Conservation Areas) Act 1990

• (k) that steps required to be taken by virtue of section 38(2)(c) exceed what is necessary to bring the building to the state in which it would have been if the terms and conditions of the listed building consent had been complied with.

• (2) An appeal under this section shall be made . . . —

• (a) by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or

• (b) by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date; or

• (c) by sending such notice to him using electronic communications at such time that, in the ordinary course of transmission, it would be delivered to him before that date.

• (3) Where such an appeal is brought the listed building enforcement notice shall subject to any order under section 65(3A) be of no effect pending the final determination or the withdrawal of the appeal.

• (4) A person who gives notice of appeal under this section shall submit to the Secretary of State, either when giving the notice or within such time as may be prescribed, a statement in writing—

• (a) specifying the grounds on which he is appealing against the listed building enforcement notice; and

• (b) giving such further information as may be prescribed.

• (5) If, where more than one ground is specified in the statement, the appellant does not give information required under subsection (4)(b) in relation to each of those grounds within the prescribed time, the Secretary of State may determine the appeal without considering any ground as to which the appellant has failed to give such information within that time.

• (6) Where any person has appealed to the Secretary of State under this section against a notice, no person shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.

• (7) In this section “relevant occupier” means a person who—

• (a) on the date on which the listed building enforcement notice is issued occupies the building to which the notice relates by virtue of a licence . . .; and

• (b) continues so to occupy the building when the appeal is brought.

Appeals: supplementary provisions

40

• (1) The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under section 39, and in particular, but without prejudice to the generality of this subsection may—

• (a) require the local planning authority to submit, within such time as may be prescribed, a statement indicating the submissions which they propose to put forward on the appeal;

• (b) specify the matters to be included in such a statement;

• (c) require the authority or the appellant to give such notice of such an appeal as may be prescribed, being notice which in the opinion of the Secretary of State is likely to bring the appeal to the attention of persons in the locality in which the building in question is situated;

• (d) require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be prescribed, a copy of the enforcement notice and a list of the persons served with copies of it.

• (2) Subject to section 41(4), the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

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

• (3) Schedule 3 applies to appeals under section 39.

Determination of appeals under s. 39

41

• (1) On an appeal under section 39 the Secretary of State may—

• (a) correct any defect, error or misdescription in the listed building enforcement notice; or

• (b) vary the terms of the listed building enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

• (2) Where the Secretary of State determines to allow the appeal, he may quash the notice.

• (2A) The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.

• (3) The Secretary of State—

• (a) may dismiss such an appeal if the appellant fails to comply with section 39(4) within the prescribed time; and

• (b) may allow such an appeal and quash the listed building enforcement notice if the local planning authority fail to comply within the prescribed period with any requirement imposed by regulations made by virtue of section 40(1)(a),(b) or (d).

• (4) If ... the Secretary of State proposes to dismiss an appeal under paragraph (a) of subsection (3) ... or to allow an appeal and quash the listed building enforcement notice under paragraph (b) of that subsection he need not comply with section 40(2).

• (5) Where it would otherwise be a ground for determining an appeal in favour of the appellant that a person required to be served with a copy of the listed building enforcement notice was not served, the Secretary of State may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve him.

• (6) On the determination of an appeal the Secretary of State may—

• (a) grant listed building consent for the works to which the listed building enforcement notice relates or for part only of those works;

• (b) discharge any condition or limitation subject to which listed building consent was granted and substitute any other condition, whether more or less onerous;

• (c) if he thinks fit, exercise his power under section 1 to amend any list compiled or approved under that section by removing from it the building to which the appeal relates.

• (7) Any listed building consent granted by the Secretary of State under subsection (6) shall be treated as granted on an application for the same consent under section 10 and the Secretary of State’s decision in relation to the grant shall be final.

• (8) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings ... before the Secretary of State on an appeal under section 39 as if those proceedings were an inquiry held by the Secretary of State under section 250.

Execution of works required by listed building enforcement notice

42

• (1) If any of the steps specified in the listed building enforcement notice have not been taken within the period for compliance with the notice, the authority may—

• (a) enter the land and take those steps, and

• (b) recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.

• (2) Where a listed building enforcement notice has been served in respect of a building—

• (a) any expenses incurred by the owner or occupier of the building for the purpose of complying with it, and

• (b) any sums paid by the owner of the building under subsection (1) in respect of expenses incurred by the local planning authority in taking steps required by it,

shall be deemed to be incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.

• (3) Regulations under this Act may provide that all or any of the following sections of the Public Health Act 1936, namely—

• (a) section 276 (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);

• (b) section 289 (power to require the occupier of any premises to permit works to be executed by the owner of the premises);

• (c) section 294 (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act),

shall apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by a listed building enforcement notice.

• (4) Regulations under subsection (3) applying all or any of section 289 of that Act may include adaptations and modifications for the purpose of giving the owner of land to which such a notice relates the right, as against all other persons interested in the land, to comply with the requirements of the notice.

• (5) Regulations under subsection (3) may also provide for the charging on the land on which the building stands of any expenses recoverable by a local planning authority under subsection (1).

• (6) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

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

Penalties for non-compliance with listed building enforcement notice

43

• (1) Where, at any time after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is then owner of the land is in breach of the notice.

• (2) If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.

• (3) An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.

• (4) In proceedings against any person for an offence under this section, it shall be a defence for him to show—

• (a) that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or

• (b) that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.

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

• (6) 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.

Effect of listed building consent on listed building enforcement notice

44

• (1) If, after the issue of a listed building enforcement notice, consent is granted under section 8(3)—

• (a) for the retention of any work to which the notice relates; or

• (b) permitting the retention of works without compliance with some condition subject to which a previous listed building consent was granted,

the notice shall cease to have effect in so far as it requires steps to be taken involving the works not being retained or, as the case may be, for complying with that condition.

• (2) The fact that such a notice has wholly or partly ceased to have effect under subsection (1) shall not affect the liability of any person for an offence in respect of a previous failure to comply with that notice.

Commission to have concurrent enforcement functions in London

45

The Commission shall, as respects any London borough, have concurrently with the council of that borough the functions of a local planning authority under sections 38 to 43 and 44AA to 44AC; and references to the local planning authority in those provisions , and in any provision of this Act referring to anything done under those provisions, shall be construed accordingly.

Enforcement by the Secretary of State

46

• (1) If it appears to the Secretary of State to be expedient that a listed building enforcement notice should be issued in respect of any land, he may issue such a notice.

• (1A) If it appears to the Secretary of State to be expedient that a temporary stop notice should be issued in respect of any land ..., the Secretary of State may issue such a notice.

• (2) Before the Secretary of State serves a notice under subsection (1) or (1A) he shall consult—

• (a) the local planning authority; and

• (b) ... the Commission.

• (3) A listed building enforcement notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority.

• (3A) A temporary stop notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority under section 44AA.

• (4) In relation to a listed building enforcement notice issued by the Secretary of State, section 42 shall apply as if for any reference in that section to the local planning authority there were substituted a reference to the Secretary of State.

• (5) References in this section to the local planning authority shall in the case of an authority for an area ... outside Greater London be construed as references to the district planning authority.

Chapter V — Prevention of Deterioration and Damage

Compulsory acquisition of listed building in need of repair

Compulsory acquisition of listed building in need of repair

47

• (1) If it appears to the Secretary of State that reasonable steps are not being taken for properly preserving a listed building he—

• (a) may authorise the appropriate authority to acquire compulsorily under this section the building and any relevant land; or

• (b) may himself compulsorily acquire them under this section.

• (2) The Acquisition of Land Act 1981 shall apply to compulsory acquisition under this section.

• (3) The Secretary of State shall not make or confirm a compulsory purchase order for the acquisition of any building by virtue of this section unless—

• (a) in the case of the acquisition of a building ... otherwise than by the Commission, he has consulted with the Commission; and

• (b) in any case, he is satisfied that it is expedient to make provision for the preservation of the building and to authorise its compulsory acquisition for that purpose.

• (4) Any person having an interest in a building which it is proposed to acquire compulsorily under this section may, within 28 days after the service of the notice required by section 12 of that Act of 1981 or, as the case may be, paragraph 3(1) of Schedule 1 to that Act, apply to a magistrates’ court . . . for an order staying further proceedings on the compulsory purchase order.

• (5) If on an application under subsection (4) the court is satisfied that reasonable steps have been taken for properly preserving the building, the court shall make an order accordingly.

• (6) Any person aggrieved by the decision of a magistrates’ court on an application under subsection (4) may appeal against the decision to the Crown Court.

• (6A) This section does not permit the acquisition of any interest in Crown land unless—

• (a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and

• (b) the appropriate authority (within the meaning of section 82C) consents to the acquisition.

• (7) In this section—

• “the appropriate authority” means—

• (a) the council of the county ... or district in which the building is situated, or

• (b) in the case of a building situated in Greater London, the Commission or the council of the London borough in which the building is situated, or

• (c) in the case of a building situated outside Greater London, the joint planning board for the area in which the building is situated; or

• (d) in the case of a building situated within the Broads, the Broads Authority;

Repairs notice as preliminary to acquisition under s. 47

48

• (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

• (c) to any electronic communications apparatus kept installed for the purposes of any such network.

• (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

• (c) that the amount specified in the notice is unreasonable; 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

• (c) in relation to a building or land in the Broads, the Broads Authority.

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

• (c) of works for which development consent has been granted under the Planning Act 2008.

• (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

• (c) a relevant costs order made in connection with any such order or decision,

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;

• (c) in relation to any building situated within the Broads, the Broads Authority;

• (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

• (c) appears to the Commission to be of architectural or historic interest.

• (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

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

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

Application for listed building or conservation area consent in anticipation of disposal of Crown land

84

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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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .