Section 6.
1(1)The [1971 c. 78.] Town and Country Planning Act 1971 shall be amended as follows.
(2)In section 28(2) for the words from the beginning to " National Park " there shall be substituted the words " In Greater London or a metropolitan county the local planning authority, in any part of a National Park outside a metropolitan county" .
(3)In section 54—
(a)in subsection (5) for the words from " clerk " , in the first place where it occurs, to the end of the subsection there shall be substituted the words " proper officer of a London borough shall be deposited also with the chief officer of the Commission" ;
(b)in subsection (8) for the words " with whose clerk " there shall be substituted the words " or body with whose officer" , and at the end there shall be inserted " or, in the case of the Commission, in Greater London." ; and
(c)in subsection (11), in paragraph (a) after the words " Greater London" there shall be inserted the words " or a metropolitan county" , and in paragraph (b) for the words "a National Park " there shall be substituted the words " any part of a National Park outside a metropolitan county" .
(4)For section 54A(4) there shall be substituted—
“(4)In this section " local planning authority" shall, in relation to a building in Greater London, include the Historic Buildings and Monuments Commission for England.”.
(5)In section 58—
(a)in subsection (1) for the words " district planning authority " there shall be substituted the words " local planning authority, other than a county planning authority," ;
(b)in subsections (3), (5) and (6) for the word " district" there shall be substituted me word " local" ; and
(c)after subsection (6) there shall be inserted—
“(7)The Historic Buildings and Monuments Commission for England shall, as respects any London borough, have concurrently with the council of that borough the functions of a local planning authority under this section ; and references to the local planning authority shall be construed accordingly.”.
(6)After section 58 there shall be inserted—
(1)Without prejudice to his powers by virtue of section 31(1) of this 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 Historic Buildings and Monuments Commission for England 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 provide—
(a)for the giving to the referring authority by the Commission of directions as to the manner in which an application is to be dealt with ; and
(b)that an application which satisfies such conditions as may be specified in the regulations need not be referred to the Commission.”.
(7)After section 99A there shall be inserted—
The Historic Buildings and Monuments Commission for England shall, as respects any London borough, have concurrently with the council of that borough the functions of a local planning authority under sections 96 to 99A of this Act; and references to the local planning authority in those provisions, or in section 88 of this Act as applied for the purpose of any of those provisions, shall be construed accordingly.”.
(8)In section 101—
(a)in subsection (4), after the word " authority " there shall be inserted the words " or the Commission" , and after the word " area " there shall be inserted the words " or, in the case of the Commission, in Greater London," ; and
(b)in subsection (6), after the word " authority " in both places where it occurs, there shall be inserted the words " or the Commission," .
(9)In section 114—
(a)in subsection (1) for the words "the Greater London Council" there shall be substituted the words " the Historic Buildings and Monuments Commission for England" ; and
(b)in subsection (3A) there shall be inserted at the end the words " , other than an order for the acquisition of a building by the Commission. "
(10)in section 115—
(a)in subsection (1) for the words from the beginning to " Act" , in the first place where it occurs, there shall be substituted the words " The compulsory purchase of a building under section 114 of this Act shall not be started by a council or by the Historic Buildings and Monuments Commission for England (in this section referred to as the Commission ") or by the Secretary of State " ;
(b)in subsections (2) and (3), after the word "council" , there shall be inserted the words " , the Commission" ;
(c)in subsection (3A) for the words " the Historic Buildings and Monuments Commission for England " there shall be substituted the words " the Commission" ; and
(d)in subsection (4), after the word " council" , there shall be inserted the words " , the Commission" .
(11)In section 117—
(a)in subsection (1) for the words from the beginning to " if " there shall be substituted the words " Where a council or the Historic Buildings and Monuments Commission for England propose to acquire a building compulsorily under section 114 of this Act and" , and before the word " may " there shall be inserted the ward " they" ; and
(b)in subsection (5) for the words " the local authority " there shall be substituted the words " a council or the Historic Building and Monuments Commission for England" .
(12)In section 126(1), after the word " Act" there shall be inserted the words " or the Historic Buildings and Monuments Commission for England acquire any building or other land under the said section 114(1)" .
(13)At the end of section 246 there shall be inserted—
“(6)In the case of a listed building enforcement notice issued by the Historic Buildings and Monuments Commission for England subsection (1) above shall apply as if the reference to the local planning authority were a reference to the Commission.”
(14)In section 277—
(a)for subsection (5) there shall be substituted—
“(5)Before making a determination under this section the Historic Buildings and Monuments Commission for England and a county planning authority shall respectively consult the council of each London borough or district of which any part is included in the area to which the proposed determination relates : and before designating any area in Greater London as a conservation area the Commission shall obtain the consent of the Secretary of State.”; and
(b)in subsection (10)—
(i)in paragraph (a) for the words " the Greater London Council" there shall be substituted the words " the Historic Buildings and Monuments Commission for England" ;
(ii)after that paragraph there shall be inserted—
“(aa)in a metropolitan county, by the local planning authority ;”; and
(iii)in paragraph (b) for the words " a National Park " there shall be substituted " any part of a National Park outside a metropolitan county" .
(15)In section 277A(11), in paragraph (a) for the words after " Greater London" in the first place where it occurs there shall be substituted " or a metropolitan county, by the local planning authority ;" ; and in paragraph (b) for the words " a National Park " there shall be substituted the words " any part of a National Park outside a metropolitan county" .
(16)At the end of section 280 there shall be inserted—
“(10)In subsections (1)(c), (3), (4) and (8) above references to a local planning authority or local authority include, in relation to a building situated in Greater London, a reference to the Historic Buildings and Monuments Commission for England.”.
(17)In Schedule 11—
(a)in paragraph 5—
(i)in sub-paragraph (1) the words "(other than a London borough council)" shall be omitted ; and
(ii)after sub-paragraph (2) there shall be inserted—
“(3)Sub-paragraph (1) above shall not apply where the local planning authority to whom application is made is a London borough council, unless the application is made by the Historic Buildings and Monuments Commission for England.”;
(b)in paragraph 6—
(i)in sub-paragraph (1) for the words "the Greater London Council" there shall be substituted the words " the Historic Buildings and Monuments Commission for England (in this paragraph referred to as the Commission ")" ;
(ii)in sub-paragraph (2) for the words "the Greater London Council" there shall be substituted the words " the Commission" ;
(iii)in sub-paragraph (3) for the words " The Greater London Council" there shall be substituted the words " The Commission" , and for the word " Council" in the second and third places where it occurs there shall be substituted the word " Commission" ;
(iv)in sub-paragraph (4) for the word " Council" there shall be substituted the word " Commission" ; and
(v)after that sub-paragraph there shall be inserted—
“(5)Where the Commission direct the local planning authority under sub-paragraph (2)(b) of this paragraph to refuse listed building consent, the authority may, within twenty-eight days from the date of the direction, notify the Secretary of State of the application made to them (giving particulars of the works for which the consent is required) ; and if the authority do so notify the Secretary of State, they shall not give effect to the Commission's direction unless either—
(a)a period of twenty-eight days has expired, beginning with the date of the notification, without the Secretary of State having directed the reference of the application to him; or
(b)the Secretary of State has notified the authority that he does not intend to require the reference of the application.
(6)The Secretary of State may at any time before the said period of twenty-eight days expires give notice to the local planning authority that he requires further time in which to consider whether to require the reference of the application to him and sub-paragraph (5)(a) of this paragraph shall then have effect with the substitution for the period of twenty-eight days of such longer period as may be specified in the Secretary of State's notice.
(7)Where after receiving notification under sub-paragraph (5) of this paragraph the Secretary of State directs the reference of the application to him, paragraph 4(4) of this Schedule shall apply as if the reference to the authority were a reference to the authority or the Commission.
(8)Sub-paragraph (1) of this paragraph shall not apply where the application for listed building consent is made by the Commission.”; and
(c)in paragraph 7(1) for the words " the Greater London Council" there shall be substituted the words " the Historic Buildings and Monuments Commission for England" .
2(1)The [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979 shall be amended as follows.
(2)In section 33—
(a)after subsection (2) there shall be inserted—
“(2A)The Commission may from time to time by order designate as an area of archaeological importance any area in Greater London which appears to them to merit treatment as such for the purposes of this Act”; and
(b)in subsection (3), after the words "local authority" , there shall be inserted the words " or by the Commission" .
(3)At the end of section 34(3) there shall be inserted the words " ; and, if the area is wholly or partly situated in Greater London, he shall also notify the Commission. "
(4)In Schedule 2, at the end of paragraph 15, there shall be inserted—
15AParagraphs 8, 9, 10 to 13, 14(a) and (6) and 15 above shall have effect in relation to a designation order made by the Commission as if—
(a)in paragraphs 8(1), 12, 13 and 15 the references to a local authority were a reference to the Commission ;
(b)in paragraphs 9 and 14 the first reference to a local authority were a reference to the Commission, and the word " other " were omitted ; and
(c)in paragraph 11—
(i)in sub-paragraph (a) the words in brackets were omitted; and
(ii)in sub-paragraph (6) the reference to the local authority proposing to make the order were a reference to the Commission, and the word " other " were omitted.”
3(1)The Historic Buildings and Monuments Commission for England (in this paragraph and paragraph 4 below referred to as " the Commission ") may—
(a)acquire by agreement any building or place of historical or architectural interest in Greater London;
(b)undertake, or contribute towards, the cost of preserving, maintaining and managing any such building or place;
(c)acquire by agreement any work of art;
(d)agree with any person for the production by that person of a work of art for acquisition by the Commission ;
(e)erect and maintain, or contribute towards the provision, erection and maintenance of, any work of art in any place in Greater London.
(2)For the purpose of providing for the accommodation, exhibition and preservation of works of art or objects of historical, antiquarian or other public interest which may for the time being be in the possession of the Commission by virtue of any gift, loan or discovery, or by virtue of this Act, the Commission may adapt, furnish and maintain any premises given to and for the time being vested in it for the purposes of this sub-paragraph.
(3)The Commission may let any building vested in it for the purposes of sub-paragraph (2) above on such terms and conditions as to payment or otherwise as it thinks fit and may make charges for admission to any such building which may for the time being be under its management and control.
(4)The Commission may in the case of any building in Greater London cause investigations to be made, and information to be published, with respect to the history of the building.
4The Commission may in Greater London, and a London borough council may in its borough—
(a)provide; and
(b)on any conspicuous part of a house, building or place, with the consent of its owner, erect,
a commemorative plaque, tablet or sign indicating an event or matter of public interest in connection with the house, building or place or its site, and may hi that area, with the like consent, maintain any such plaque, tablet or sign erected by it or by any other person or body, whether before or after the passing of this Act.