Planning (Listed Buildings and Conservation Areas) Act 1990

Listing of buildings of special architectural or historic interest in England.

Authorisation of works: listed building consent.

20A

• (1) This section applies if a person who has made an application mentioned in section 20(1)(a) appeals to the Secretary of State under section 20(2).

• (2) At any time before the end of the additional period the local planning authority may give the notice referred to in section 20(2).

• (3) If the local planning authority give notice as mentioned in subsection (2) that their decision is to refuse the application—

• (a) the appeal must be treated as an appeal under section 20(1) against the refusal;

• (b) the Secretary of State must give the person making the appeal an opportunity to revise the grounds of the appeal;

• (c) the Secretary of State must give such a person an opportunity to change any option the person has chosen relating to the procedure for the appeal.

• (4) If the local planning authority give notice as mentioned in subsection (2) that their decision is to grant the application subject to conditions the Secretary of State must give the person making the appeal the opportunity—

• (a) to proceed with the appeal as an appeal under section 20(1) against the grant of the application subject to conditions;

• (b) to revise the grounds of the appeal;

• (c) to change any option the person has chosen relating to the procedure for the appeal.

• (5) The Secretary of State must not issue his decision on the appeal before the end of the additional period.

• (6) The additional period is the period prescribed for the purposes of this section and which starts on the day on which the person appeals under section 20(2).

32A

• (1) A listed building purchase notice may be served in respect of Crown land only as mentioned in this section.

• (2) The owner of a private interest in Crown land must not serve a listed building purchase notice unless—

• (a) he first offers to dispose of his interest to the appropriate authority on equivalent terms, and

• (b) the offer is refused by the appropriate authority.

• (3) The appropriate authority may serve a listed building purchase notice in relation to the following land—

• (a) land belonging to Her Majesty in right of Her private estates;

• (b) land belonging to Her Majesty in right of the Duchy of Lancaster;

• (c) land belonging to the Duchy of Cornwall;

• (d) land which forms part of the Crown Estate.

• (4) An offer is made on equivalent terms if the price payable for the interest is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a listed building purchase notice.

Power to issue listed building enforcement notice.

44A

• (1) Where a local planning authority consider it necessary or expedient for any actual or apprehended contravention of section 9(1) or (2) to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part.

• (2) On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.

• (3) Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.

• (4) The references in subsection (1) to a local planning authority include ... the Commission.

• (5) In this section “ the court ” means the High Court or the county court.

Issue of certificate that building not intended to be listed: Wales

Power to decline to determine application

81A

• (1) A local planning authority may decline to determine an application for a relevant consent if—

• (a) one or more of the conditions in subsections (2) to (4) is satisfied, and

• (b) the authority think there has been no significant change in any material considerations since the relevant event.

• (2) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application referred to him under section 12.

• (3) The condition is that in that period the Secretary of State has dismissed an appeal—

• (a) against the refusal of a similar application, or

• (b) under section 20(2) in respect of a similar application.

• (4) The condition is that—

• (a) in that period the local planning authority have refused more than one similar application, and

• (b) there has been no appeal to the Secretary of State against any such refusal or, if there has been such an appeal, it has been withdrawn.

• (5) Relevant consent is—

• (a) listed building consent, or

• (b) conservation area consent.

• (6) The relevant event is—

• (a) for the purposes of subsections (2) and (4) the refusal of the similar application;

• (b) for the purposes of subsection (3) the dismissal of the appeal.

• (7) An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

• (8) For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.

81B

• (1) A local planning authority may decline to determine an application for a relevant consent which is

• (a) made on the same day as a similar application, or

• (b) made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.

• (2) The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.

• (3) The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 12 or on an appeal under section 20 and the Secretary of State has not issued his decision.

• (4) The condition is that a similar application—

• (a) has been granted by the local planning authority,

• (b) has been refused by them, or

• (c) has not been determined by them within the determination period,

and the time within which an appeal could be made to the Secretary of State under section 20 has not expired.

• (4A) If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.

• (5) Relevant consent is—

• (a) listed building consent, or

• (b) conservation area consent.

• (6) An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.

• (7) The determination period is—

• (a) the period prescribed for the determination of the application, or

• (b) such longer period as the applicant and the authority have agreed for the determination of the application.

• (8) For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.

Authorisation of works: listed building consent.

82A

• (1) This Act (except the provisions specified in subsection (2)) binds the Crown.

• (2) These are the provisions—

• (a) section 9;

• (b) section 11(6);

• (c) section 21(7);

• (ca) section 26J;

• (d) section 42(1), (5) and (6);

• (e) section 43;

• (f) section 44A;

• (fza) section 44AB;

• (fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) section 54;

• (h) section 55;

• (i) section 59;

• (j) section 88A.

• (3) But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 9(3)(a) to (d) and the doing of that thing does not contravene section 7.

82B

• (1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies—

• (a) that the works are of national importance, and

• (b) that it is necessary that the works are carried out as a matter of urgency.

• (2) The appropriate authority may, instead of making an application for consent to the local planning authority in accordance with this Act, make an application for consent to the Secretary of State under this section.

• (3) If the appropriate authority proposes to make the application to the Secretary of State it must publish in one or more newspapers circulating in the locality of the building a notice—

• (a) describing the proposed works, and

• (b) stating that the authority proposes to make the application to the Secretary of State.

• (4) For the purposes of an application under this section the appropriate authority must provide to the Secretary of State a statement of the authority’s grounds for making the application.

• (5) If the appropriate authority makes an application under this section subsections (6) to (9) below apply.

• (6) The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application.

• (7) As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.

• (8) The Secretary of State must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection.

• (9) The Secretary of State must consult—

• (a) the local planning authority for the area to which the proposed development relates, and

• (b) such other persons as may be prescribed,

about the application.

• (10) Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under paragraph 6(6) of Schedule 3 (matters related to national security).

• (11) Subsections (4) and (5) of section 12 apply to an application under this section as they apply to an application in respect of which a direction under section 12 has effect.

82C

• (1) In this Act, expressions relating to the Crown must be construed in accordance with this section.

• (2) Crown land is land in which there is a Crown interest or a Duchy interest.

• (3) A Crown interest is any of the following—

• (a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates;

• (b) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

• (c) such other interest as the Secretary of State specifies by order.

• (4) A Duchy interest is—

• (a) an interest belonging to Her Majesty in right of the Duchy of Lancaster, or

• (b) an interest belonging to the Duchy of Cornwall.

• (5) A private interest is an interest which is neither a Crown interest nor a Duchy interest.

• (6) The appropriate authority in relation to any land is—

• (a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

• (b) in relation to any other land belonging to Her Majesty in right of the Crown, the government department having the management of the land;

• (c) in relation to land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;

• (d) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

• (e) in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy, appoints;

• (f) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department;

• (g) in relation to Westminster Hall and the Chapel of St Mary Undercroft, the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly;

• (h) in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, the Lord Great Chamberlain.

• (7) If any question arises as to what authority is the appropriate authority in relation to any land it must be referred to the Treasury, whose decision is final.

• (8) For the purposes of an application for listed building consent made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest a reference to the appropriate authority must be construed as a reference to the person who makes the application.

• (9) For the purposes of subsection (8) the Crown includes—

• (a) the Duchy of Lancaster;

• (b) the Duchy of Cornwall;

• (c) a person who is an appropriate authority by virtue of subsection (6)(g) and (h).

• (10) The reference to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862.

• (11) An order made for the purposes of paragraph (c) of subsection (3) must be made by statutory instrument.

• (12) But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

82D

• (1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.

• (2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.

• (3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.

• (4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.

• (5) A step taken for the purposes of enforcement includes—

• (a) entering land;

• (b) bringing proceedings;

• (c) the making of an application.

• (6) A step taken for the purposes of enforcement does not include—

• (a) service of a notice;

• (b) the making of an order (other than by a court).

82E

• (1) Subsection (2) applies to the extent that an interest in land is a Crown interest or a Duchy interest.

• (2) Anything which requires or is permitted to be done by or in relation to the owner of the interest in land must be done by or in relation to the appropriate authority.

• (3) An interest in land includes an interest only as occupier of the land.

82F

• (1) This section applies to an application for listed building consent or conservation area consent made by or on behalf of the Crown.

• (2) The Secretary of State may by regulations modify or exclude any statutory provision relating to the making and determination of such applications.

• (3) A statutory provision is a provision contained in or having effect under any enactment.

88A

• (1) If it is shown to the satisfaction of a justice of the peace on sworn information in writing—

• (a) that there are reasonable grounds for entering any land for any of the purposes mentioned in section 88; and

• (b) that—

• (i) admission to the land has been refused, or a refusal is reasonably apprehended; or

• (ii) the case is one of urgency,

the justice may issue a warrant authorising any person duly authorised in writing by the appropriate authority to enter the land.

• (2) In subsection (1) “ the appropriate authority ” means the person who may authorise entry on the land under section 88 for the purpose in question.

• (3) For the purposes of subsection (1)(b)(i) admission to land shall be regarded as having been refused if no reply is received to a request for admission within a reasonable period.

• (4) A warrant authorises entry on one occasion only and that entry must be—

• (a) within one month from the date of the issue of the warrant; and

• (b) at a reasonable hour, unless the case is one of urgency.

Urgent works relating to Crown land: application

88B

• (1) A person authorised under section 88 to enter any land shall not demand admission as of right to any land which is occupied unless twenty-four hours notice of the intended entry has been given to the occupier.

• (1ZA) Subsection (1) does not apply to a person authorised under section 88(3ZA) who intends to enter the land for either of the purposes mentioned in paragraphs (a) and (b) of that subsection.

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

• (2) A person authorised to enter land in pursuance of a right of entry conferred under or by virtue of section 88 or 88A (referred to in this section as “a right of entry”)—

• (a) shall, if so required, produce evidence of his authority and state the purpose of his entry before so entering;

• (b) may take with him such other persons as may be necessary; and

• (c) on leaving the land shall, if the owner or occupier is not then present, leave it as effectively secured against trespassers as he found it.

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

• (4) If any person who enters any land, in exercise of a right of entry, discloses to any person any information obtained by him while on the land as to any manufacturing process or trade secret, he shall be guilty of an offence.

• (5) Subsection (4) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the land.

• (6) A person who is guilty of an offence under subsection (4) shall be 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.

• (7) If any damage is caused to land or chattels in the exercise of—

• (a) a right of entry; or

• (b) a power conferred by virtue of section 88(6) in connection with such a right,

compensation may be recovered by any person suffering the damage from the authority who gave the written authority for the entry or, as the case may be, the Secretary of State; and section 118 of the principal Act shall apply in relation to compensation under this subsection as it applies in relation to compensation under Part IV of that Act.

• (8) No person shall carry out any works in exercise of a power conferred under section 88 unless notice of his intention to do so was included in the notice required by subsection (1).

• (9) The authority of the appropriate Minister shall be required for the carrying out of works in exercise of a power conferred under section 88 if—

• (a) the land in question is held by statutory undertakers; and

• (b) they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

• (10) Section 265(1) and (3) of the principal Act (meaning of “appropriate Minister”) applies for the purposes of subsection (9) as it applies for the purposes of section 325(9) of the principal Act.

88C

• (1) Section 88 applies to Crown land subject to the following modifications.

• (2) A person must not enter Crown land unless he has the relevant permission.

• (3) Relevant permission is the permission of—

• (a) a person appearing to the person seeking entry to the land to be entitled to give it, or

• (b) the appropriate authority.

• (4) In subsection (6) the words “Subject to section 88B(8)” must be ignored.

• (5) Section 88B does not apply to anything done by virtue of this section.

• (6) “ Appropriate authority ” must be construed in accordance with section 82C(6).

88D

• (1) The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.

• (2) A determination under subsection (1) must provide for the proceedings to be considered in such one or more of the following ways as appear to the Secretary of State to be ... appropriate—

• (a) at a local inquiry;

• (b) at a hearing;

• (c) on the basis of representations in writing.

• (3) The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.

• (4) A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.

• (5) The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).

• (6) The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).

• (7) This section applies to—

• (a) an application referred to the Secretary of State under section 12 instead of being dealt with by a local planning authority ...;

• (b) an appeal under section 20 against a decision of a local planning authority ...; and

• (c) an appeal under section 39 against a listed building enforcement notice issued by a local planning authority ....

• (8) The Secretary of State may by order amend subsection (7) to—

• (a) add proceedings under this Act to, or remove proceedings under this Act from, the list of proceedings to which this section applies, or

• (b) otherwise modify the descriptions of proceedings under this Act to which this section applies.

• (9) An order under subsection (8) may—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

Rights of entry: Crown land

6A

• (1) If the Secretary of State is considering giving a direction under paragraph 6(6) the Attorney General may appoint a person to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

• (2) If before the Secretary of State gives a direction under paragraph 6(6) no person is appointed under sub-paragraph (1), the Attorney General may at any time appoint a person as mentioned in sub-paragraph (1) for the purposes of the inquiry.

• (3) The Lord Chancellor may by rules make provision—

• (a) as to the procedure to be followed by the Secretary of State before he gives a direction under paragraph 6(6) in a case where a person has been appointed under sub-paragraph (1);

• (b) as to the functions of a person appointed under sub-paragraph (1) or (2).

• (4) If a person is appointed under sub-paragraph (1) or (2) (the appointed representative) the Secretary of State may direct any person who he thinks is interested in the inquiry in relation to a matter mentioned in paragraph 6(7) (the responsible person) to pay the fees and expenses of the appointed representative.

• (5) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the Secretary of State.

• (6) The Secretary of State must cause the amount agreed between the appointed representative and the responsible person or determined by him to be certified.

• (7) An amount so certified is recoverable from the responsible person as a civil debt.

• (8) Rules made under sub-paragraph (3) must be contained in a statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

• (9) Sub-paragraph (10) applies if—

• (a) a person is appointed under sub-paragraph (1) or (2), but

• (b) no inquiry is held as mentioned in paragraph 6(1).

• (10) Sub-paragraphs (4) to (7) above apply in respect of the fees and expenses of the person appointed as if the inquiry had been held.

• (11) For the purposes of sub-paragraph (10) the responsible person is the person to whom the Secretary of State thinks he would have given a direction under sub-paragraph (4) if an inquiry had been held.

• (12) Sub-paragraphs (9) to (11) do not affect paragraph 6(8).

...

8

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Editorial notes

[^c12914921]: A Table showing the derivation of the provisions of this consolidation Act will be found at the end of the Act. The Table has no official status.

[^c12914931]: Act amended by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 1(1)(3)(5)

[^c12914941]: Act amended by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 336(9) Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

[^c12914951]: Act modified by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 28, 54, 173(8), Sch. 2 Pt. III para. 3(a)

[^c12914961]: Power to modify Act conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 6(5)

[^c12914971]: Power to modify Act conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 314–319, Sch. 16

[^c12914981]: Act modified by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 5, Sch. 3 paras. 13, 14

[^c12914991]: Act: definitions applied by Care of Churches and Ecclesiastical Jurisdiction Measure 1991 (No. 1, SIF 21:8), s. 31(1).

[^c12915001]: Act excluded by London Underground (Safety Measures) Act 1991 (c. xviii) s. 33(1)(a)

[^c12915011]: Act modified (17.7.1992) by S.I. 1992/1732, art.2 Act modified (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5, Pt. III paras. 15(1), 20 (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

[^c12915021]: Act excluded (16.3.1992) by London Underground Act 1992 (c. iii), s. 16(1)(a) Act excluded (27.5.1993) by 1993 c. vii, s. 16(1)(a). Act excluded (1.7.1993) by 1993 c. ix, s. 11(1)(a). Act extended (with modifications)(19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 13(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7) Act: transfer of certain functions (W.)(1.7.1999) by The National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), {art. 2}, Sch. 1

[^c21493731]: Act modified (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 38, 121(1) (with s. 111); S.I. 2004/2202, art. 2(c) (with art. 4); S.I. 2005/2847, art. 2(a) (with art. 3)

[^c21495281]: Act applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121(1), Sch. 4 para. 9(2) (with s. 111); S.I. 2006/1281, art. 2(d)

[^c21496461]: Act modified (30.5.2007) by The National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353), art. 5

[^c12915041]: Ss. 1(3)(5)(6), 3–5 modified by S.I. 1990/1519, reg. 13(1)

[^c12915051]: S. 1: definition applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 19(1)(c); S.I. 1991/2508, art. 2 S. 1(5) definition of “listed building” applied by London Underground (Safety Measures) Act 1991 (c. xviii), s. 28(1) S. 1(5) applied (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 paras. 1(5), 2(3)

[^c12915101]: Word in s. 2(1)(a) repealed (1.4.1996) by 1994 c. 19, ss. 20(4), 66(8), Sch. 6 Pt. II para. 25(1)(a), Sch. 18 (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

[^c12915121]: 1975 c.76.

[^c12915151]: Ss. 1(3)(5)(6), 3–5 modified by S.I. 1990/1519, reg. 13(1)

[^c12915161]: S. 3(1): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A23

[^c12915181]: Ss. 1(3)(5)(6), 3–5 modified by S.I. 1990/1519, reg. 13(1)

[^c12915191]: S. 4(1): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A23

[^c12915201]: Ss. 1(3)(5)(6), 3–5 modified by S.I. 1990/1519, reg. 13(1)

[^c12915031]: Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.

[^c12915221]: Ss. 7, 8 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915231]: S. 7 excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 paras. 1(1)(3), 2(1)(a) S. 7 applied (18.12.1996) by 1996 c. 61, s. 12, Sch. 8 paras. 1(5), 2(5) S. 7 restricted (1.10.1994) by S.I. 1994/1771, art. 5(5)

[^c21496481]: S. 7 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 9 paras. 1(1)(a)(3), 2(1)(a)(2)

[^c21497501]: S. 7 renumbered as s. 7(1) (1.3.2010) by virtue of Planning Act 2008 (c. 29), ss. 36, 241(8), Sch. 2 para. 39(2) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

[^c21497561]: Words in S. 7(1) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241(8), Sch. 2 para. 39(3) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

[^c21497601]: S. 7(2) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241(8), Sch. 2 para. 39(4) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

[^c12915241]: Ss. 7, 8 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915251]: S. 8 restricted (1.10.1994) by S.I. 1994/1771, art. 5(5)

[^c12915261]: S. 8(2) amended (E.) (19.2.2001) by S.I. 2001/24, art. 2

[^c12915311]: Ss. 9–12 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915321]: S. 9 restricted (1.10.1994) by S.I. 1994/1771, art. 5(5)

[^c12915331]: S. 9(4) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. I para. 1(a); S.I. 1991/2067, art.3

[^c12915341]: Words in s. 9(5) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 84(6), Schs. 3 Pt. I para. 1(b), 19 Pt.I; S.I. 1991/2067, art. 3 and Sch.1

[^c12915351]: Ss. 9–12 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915361]: S. 10 modified (1.1.1993) by S.I. 1992/3138, reg. 3(2), Sch. 1para. 1

[^c21493331]: Words in s. 10(2) repealed (6.8.2004 for specified purposes, otherwise prosp.) and omitted (6.8.2004 for specified purposes, otherwise 10.8.2006 for E. and 30.6.2007 for W.) by virtue of Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(6), 120, 121(1), Sch. 9; S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3(a) (with art. 4 (which art. 4 is revoked (11.2.2010) by S.I. 2010/321, art. 3)); S.I. 2007/1369, art. 2(a) (with art. 3 (as amended (11.2.2010) by S.I. 2010/321, art. 4))

[^c21493341]: S. 10(3)(a)-(ab) substituted for s. 10(3)(a) (6.8.2004 for specified purposes, otherwise 10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(7), 121(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3(a) (with art. 4 (which art. 4 is revoked (11.2.2010) by S.I. 2010/321, art. 3)); S.I. 2007/1369, art. 2(a) (with art. 3 (as amended (11.2.2010) by S.I. 2010/321, art. 4))

[^c21493451]: S. 10(3)(b) substituted (6.8.2004 for specified purposes, otherwise 28.9.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118(1), 121(1), Sch. 6 para. 20(a) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2004/2202, art. 3(e) (with art. 4, Sch. 2)

[^c21493401]: S. 10(3)(d)-(f) inserted (6.8.2004 for specified purposes, otherwise 28.9.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118(1), 121(1), Sch. 6 para. 20(b) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2004/2202, art. 3(e)

[^c21493361]: S. 10(4)(5) inserted (6.8.2004 for specified purposes, otherwise 10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(8), 121(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3(a) (with art. 4 (which art. 4 is revoked (11.2.2010) by S.I. 2010/321, art. 3)); S.I. 2007/1369, art. 2(a) (with art. 3 (as amended (11.2.2010) by S.I. 2010/321, art. 4))

[^c12915371]: Ss. 9–12 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915391]: Ss. 9–12 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915401]: S. 12(3A) inserted (1.1.1993) by Transport and Works Act 1992 (c. 42, SIF 102), s.17; S.I. 1992/2784, art. 2, Sch.1

[^c12915411]: S. 13 modified by S.I. 1990/1519, reg. 13(1); excluded by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915421]: S. 13(1): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A22

[^c12915431]: Ss. 14, 15, 16 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915441]: S. 14(1)(4): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A22

[^c12915461]: Ss. 14, 15, 16 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915471]: Ss. 14, 15, 16 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915481]: S. 16(1): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A21

[^c12915491]: S. 16(1)(2): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A20

[^c12915511]: Ss. 17–20 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915521]: S. 17: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A20

[^c12915531]: Ss. 17–20 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c21494441]: Words in s. 18(1)(a)(2) substituted (24.8.2005 for E., otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(4)(a), 121(1) (with ss. 51(6), 111); S.I. 2005/2081, art 2(c) (with art. 4)

[^c21494471]: S. 18(2A)-(2C) inserted (24.8.2005 for E., otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(4)(b), 121(1) (with ss. 51(6), 111); S.I. 2005/2081, art 2(c) (with art. 4)

[^c12915541]: Ss. 17–20 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c21494511]: S. 19(5) inserted (24.8.2005 for E., otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(5), 121(1) (with ss. 51(6), 111); S.I. 2005/2081, art 2(c) (with art. 4)

[^c12915551]: Ss. 17–20 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c21495301]: S. 20 applied (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 89, 121(1), Sch. 4 para. 11(3) (with s. 111); S.I. 2006/1281, art. 2(d)

[^c21494611]: Words in s. 20(2) substituted (24.8.2005 for E., otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(4)(a), 121(1) (with ss. 43(5), 111); S.I. 2005/2081, art. 2(a)

[^c21494631]: S. 20(2)(aa) substituted for word in s. 20(2) (24.8.2005 for E. for specified purposes, 6.4.2009 for E. for remaining purposes., otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 43(4)(b), 121(1) (with ss. 43(5), 111); S.I. 2005/2081, art 2(a)(iv); S.I. 2009/384, art. 2(c)

[^c12915561]: Ss. 21, 22 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c21496571]: S. 21(8)-(11) inserted (26.11.2008 for specified purposes, 6.4.2009 for E. in so far as not already in force, 30.4.2012 for W.) by Planning Act 2008 (c. 29), ss. 197, 241(1)(a)(3)(4), Sch. 11 para. 5 (with s. 226); S.I. 2009/400, art. 5(d); S.I. 2012/802, art. 2(b)

[^c12915571]: Ss. 21, 22 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c21493491]: S. 20A inserted (6.8.2004 for specified purposes, 22.6.2015 for W. so far as not already in force) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 50(2), 121(1) (with ss. 50(3)(4), 111); S.I. 2004/2097, art. 2; S.I. 2015/340, art. 2(b)

[^c12915581]: Ss. 23–26 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c21493741]: Word in s. 23(2) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118(1), 121(1), Sch. 6 para. 21 (with s. 111); S.I. 2004/2202, art. 2(h); S.I. 2005/2847, art 2(e)

[^c12915591]: Ss. 23–26 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915601]: Ss. 23–26 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915611]: Ss. 23–26 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c21493761]: Word in s. 26(2) substituted (28.9.2004 for E. and 15.10.2005 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118(1), 121(1), Sch. 6 para. 22 (with s. 111); S.I. 2004/2202, art. 2(h); S.I. 2005/2847, art 2(e)

[^c12915211]: Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.

[^c12915631]: S. 27 modified by S.I. 1990/1519, reg. 13(1)

[^c12915641]: S. 27 repealed(for application for listed building consent made on or after 16.11.1990) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(3)(8), 84(6), Sch. 19 Pt.II

[^c12915651]: S. 28 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915691]: S. 30(1)(a) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(6), Schs. 6 para. 42(1), 19 Pt.II; S.I. 1991/2067, art.3

[^c12915701]: Words in s. 30(2) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(6), Schs. 6 para. 42(2), 19 Pt.II; S.I. 1991/2067, art.3

[^c12915771]: 1961 c.33.

[^c21497061]: Words in s. 31(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), Sch. 1 para. 212(a) (with Sch. 5)

[^c21497081]: Words in s. 31(5) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I. 2009/1307), Sch. 1 para. 212(b) (with Sch. 5)

[^c12915801]: 1961 c.33.

[^c12915891]: S. 32 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3 S. 32: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3.

[^c12915911]: Words in s. 32(4) substituted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 31(4), Sch. 6 para. 44; S.I. 1991/2067, art. 3

[^c12915921]: S. 32(4A) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 33(2)(with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2

[^c12915931]: S. 33: power to apply (with modifications) conferred by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1), s. 149(3)(b), Sch. 29 Pt. II para. 10 as inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(13) S. 33: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art.3.

[^c22569191]: S. 33 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3 S. 33 applied (with modifications) by S.I. 1993/1075, art.4.

[^c21493031]: S. 33 applied (with modifications) (7.6.2004) by The Milton Keynes (Urban Area and Planning Functions) Order 2004 (S.I. 2004/932), art. 5, Sch. para. 10

[^c22569201]: S. 33 applied (with modifications) (12.10.2005) by The Thurrock Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2572), art. 5

[^c21495031]: S. 33 applied (with modifications) (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 6

[^c22569211]: S. 33 applied (with modifications) (7.9.2006) by The Olympic Delivery Authority (Planning Functions) Order 2006 (S.I. 2006/2185), art. 6

[^c12915941]: S. 33(1): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A20

[^c12915981]: S. 34 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[^c12915991]: S. 34: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art. 3.