Planning (Listed Buildings and Conservation Areas) Act 1990, Section 46 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(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.
[F1(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 F2..., the Secretary of State may issue such a notice.]
(2)Before the Secretary of State serves a notice under subsection (1) [F3or (1A)] he shall consult—
(a)the local planning authority; and
(b)F4... 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.
[F5(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, [F6section 42] shall apply as if for any reference in [F6that 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 F7... outside Greater London be construed as references to the district planning authority.
Textual Amendments
F1S. 46(1A) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(8)(a), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)
F2Words in s. 46(1A) omitted (4.11.2024) by virtue of 2023 asc 3, Sch. 13 para. 124(za) (with Sch. 14 paras. 1-3) (as inserted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Primary Legislation) Regulations 2024 (S.I. 2024/1061), regs. 1(2), 10; S.I. 2024/860, art. 3(d))
F3Words in s. 46(2) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(8)(b), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)
F4Words in s. 46(2)(b) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 124(a) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
F5S. 46(3A) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(8)(c), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)
F6Words in s. 46(4) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. II para. 22; S.I. 1991/2905, art. 3
F7Words in s. 46(5) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 124(b) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
Modifications etc. (not altering text)
C1Ss. 43–46 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3
C2S. 46 modified (W.) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 16, Sch. 3
C3Ss. 32-50 applied in part (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))
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