Planning (Listed Buildings and Conservation Areas) Act 1990

36 Effect of Secretary of State’s action in relation to listed building purchase notice. E+W

(1) Where the Secretary of State confirms a listed building purchase notice, the council on whom the notice was served shall be deemed—

(a) to be authorised to acquire the owner’s interest in the land compulsorily in accordance with the provisions of section 47; and

(b) to have served a notice to treat in respect of it on such date as the Secretary of State may direct.

(2) If before the end of the relevant period the Secretary of State has neither—

(a) confirmed the listed building purchase notice; nor

(b) notified the owner by whom it was served that he does not propose to confirm it; nor

(c) taken any such action in respect of it as is mentioned in subsection (4) or (5) of section 35,

the notice shall be deemed to be confirmed at the end of that period and the council on whom it was served shall be deemed to have been authorised as mentioned in subsection (1)(a) and to have served a notice to treat in respect of the owner’s interest at the end of that period.

(3) Where a listed building purchase notice is confirmed in respect of only part of the land, references in this section to the owner’s interest in the land are references to the owner’s interest in that part.

(4) Where a listed building purchase notice is modified under section 35(6) by the substitution of another local authority or statutory undertakers for the council on whom the notice was served, the reference in subsection (1) to that council is to that other local authority or those statutory undertakers.

(5) In this section “the relevant period” means, subject to subsection (6) below—

(a) the period of nine months beginning with the date of the service of the listed building purchase notice; or

(b) if it ends earlier, the period of six months beginning with the date on which a copy of the notice was sent to the Secretary of State.

(6) The relevant period does not run if the Secretary of State has before him at the same time both—

(a) a copy of the listed building purchase notice sent to him under section 33(4); and

(b) a notice of appeal under section 20 or section 39 relating to any of the land to which the listed building purchase notice relates.

(7) Where any decision by the Secretary of State to confirm or not to confirm a listed building purchase notice (including any decision to confirm the notice only in respect of part of the land, or to give any direction as to the granting of listed building consent or planning permission) is quashed under section 63, the notice shall be treated as cancelled but the owner may serve a further notice in its place.

(8) For the purposes of determining whether such a further notice has been served within the period prescribed for the service of listed building purchase notices, the decision concerning listed building consent on account of which the notice has been served shall be treated as having been made on the date on which the Secretary of State’s decision was quashed.

Modifications etc. (not altering text)

C1 S. 36 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

C2 S. 36: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(3)(b); S.I. 1993/2762, art.3.

C3 S. 36(4): 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. 13 as inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(13)

S. 36(4) applied (with modifications) by S.I. 1993/1075, art.4.

C4 S. 36(4) 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. 13

C5 S. 36(4) applied (with modifications) (12.10.2005) by The Thurrock Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2572), art. 5

C6 S. 36(4) applied (with modifications) (31.10.2005) by The London Thames Gateway Development Corporation (Planning Functions) Order 2005 (S.I. 2005/2721), art. 6

C7 S. 36(4) applied (with modifications) (7.9.2006) by The Olympic Delivery Authority (Planning Functions) Order 2006 (S.I. 2006/2185), art. 6