Planning (Listed Buildings and Conservation Areas) Act 1990

Chapter 1E+W Listing of special buildings

Modifications etc. (not altering text)

C1Chs. 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.

1 Listing of buildings of special architectural or historic interest [F1in England].E+W

(1)For the purposes of this Act and with a view to the guidance of local planning authorities in the performance of their functions under this Act and the principal Act in relation to buildings of special architectural or historic interest, the Secretary of State shall compile lists of such buildings, or approve, with or without modifications, such lists compiled by the Historic Buildings and Monuments Commission for England (in this Act referred to as “the Commission”) or by other persons or bodies of persons, and may amend any list so compiled or approved.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In considering whether to include a building in a list compiled or approved under this section, the Secretary of State may take into account not only the building itself but also—

(a)any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part; and

(b)the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building.

(4)Before compiling, approving (with or without modifications) or amending any list under this section F3... the Secretary of State shall consult—

(a)F4... with the Commission; and

(b)with such other persons or bodies of persons as appear to him appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.

F5(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this Act “listed building” means a building which is for the time being included in a list compiled or approved by the Secretary of State under this section; and for the purposes of this Act—

(a)any object or structure fixed to the building;

(b)any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so since before lst July 1948,

shall [F6, subject to subsection (5A)(a),] be treated as part of the building.

[F7(5A)In a list compiled or approved under this section, an entry for a building F8... may provide—

(a)that an object or structure mentioned in subsection (5)(a) or (b) is not to be treated as part of the building for the purposes of this Act;

(b)that any part or feature of the building is not of special architectural or historic interest.]

(6)Schedule 1 shall have effect for the purpose of making provision as to the treatment as listed buildings of certain buildings formerly subject to building preservation orders.

Textual Amendments

F6Words in s. 1(5) inserted (with application in accordance with Sch. 17 para. 20 of the amending Act) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(2), Sch. 17 para. 8(2)

F7S. 1(5A) inserted (with application in accordance with Sch. 17 para. 20 of the amending Act) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(2), Sch. 17 para. 8(3)

Modifications etc. (not altering text)

C2S. 1(1)-(5)(6) applied (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))

C3Ss. 1(3)(5)(6), 3–5 modified by S.I. 1990/1519, reg. 13(1)

C4S. 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)

2 Publication of lists.E+W

(1)As soon as possible after any list has been compiled or approved under section 1 or any amendments of such a list have been made, a copy of so much of the list as relates to any district F9... or London borough or, as the case may be, of so much of the amendments as so relates, certified by or on behalf of the Secretary of State to be a true copy, shall be deposited—

(a)in the case of a London borough, with the council of the borough and with the chief officer of the Commission; F10. . . [F11and]

(b)in the case of a district—

(i)with the district council;

(ii)with the county planning authority whose area or any part of whose area includes the district, or any part of it; and

(iii)where the district council are not the district planning authority, with that authority; F12...

F12(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any copy deposited under subsection (1) shall be a local land charge, and the council with whom a copy is deposited shall be treated for the purposes of the M1Local Land Charges Act 1975 as the originating authority as respects the charge constituted by the deposit.

(3)As soon as possible after the inclusion of any building F13... in a list under section 1 (whether it is included when the list is compiled, approved or amended) or as soon as possible after any such list has been amended by the exclusion of [F14any building] from it—

(a)the Secretary of State shall inform the council of the district F15... or London borough in whose area the building is situated of the inclusion or exclusion; and

(b)the council shall serve a notice in the prescribed form on every owner and occupier of the building, stating that the building has been included in or excluded from the list.

F16(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The Secretary of State shall keep available for public inspection free of charge at reasonable hours and at a convenient place, copies of all lists and amendments of lists, compiled, approved or made by him under section 1.

(5)Every authority with whom copies of any list or amendments are deposited under this section shall similarly keep available copies of so much of any such list or amendment as relates to buildings within their area.

(6)For the purposes of subsection (5) the Commission shall be taken to be an authority whose area is Greater London.

Textual Amendments

F15Words in s. 2(3)(a) omitted (31.5.2017) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 26(2)(b), 41(3); S.I. 2017/633, art. 4(c) (with art. 6(2))

Modifications etc. (not altering text)

C5S. 2(1)-(3)(8) applied (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))

Marginal Citations

F182ADuty to consult on certain changes to listsE+W

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Textual Amendments

F182BInterim protection pending certain listing decisionsE+W

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Textual Amendments

F182CProvisions applicable on lapse of interim protectionE+W

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Textual Amendments

F182DReview of certain listing decisionsE+W

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Textual Amendments

3 Temporary listing F19...: building preservation notices. E+W

(1)[F20If it appears to a local planning authority, other than a county planning authority,] that a building in their area which is not a listed building—

(a)is of special architectural or historic interest; and

(b)is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest,

they may serve on the owner and occupier of the building a notice (in this Act referred to as a “building preservation notice”).

[F21(1A)Before serving a building preservation notice under this section, the local planning authority must consult with the Commission.

(1B)Subsection (1A) does not apply where the Commission proposes to serve a building preservation notice under this section (see subsection (8)).]

(2)A building preservation notice served by a local planning authority F22... shall—

(a)state that the building appears to them to be of special architectural or historic interest and that they have requested the Secretary of State to consider including it in a list compiled or approved under section 1; and

(b)explain the effect of subsections (3) to (5) and Schedule 2.

(3)A building preservation notice F23... —

(a)shall come into force as soon as it has been served on both the owner and occupier of the building to which it relates; and

(b)subject to subsection (4), shall remain in force for six months from the date when it is served or, as the case may be, last served.

(4)A building preservation notice F24... shall cease to be in force if the Secretary of State—

(a)includes the building in a list compiled or approved under section 1, or

(b)notifies the local planning authority in writing that he does not intend to do so.

(5)While a building preservation notice F25... is in force with respect to a building, the provisions of this Act (other than section 59) and the principal Act shall have effect in relation to the building as if it were a listed building.

(6)If, following the service of a building preservation notice F26..., the Secretary of State notifies the local planning authority that he does not propose to include the building in a list compiled or approved under section 1, the authority shall immediately give notice of that decision to the owner and occupier of the building.

(7)Following such a notification by the Secretary of State no further building preservation notice in respect of the building shall be served by the local planning authority within the period of 12 months beginning with the date of the notification.

(8)The Commission 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.

Textual Amendments

Modifications etc. (not altering text)

C6Ss. 1(3)(5)(6), 3–5 modified by S.I. 1990/1519, reg. 13(1)

C7S. 3 applied (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))

C8S. 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

F273ATemporary listing in Wales: building preservation noticesE+W

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Textual Amendments

4 Temporary listing in urgent cases. E+W

(1)If it appears to the local planning authority to be urgent that a building preservation notice should come into force, they may, instead of serving the notice on the owner and occupier of the building, affix the notice conspicuously to some object on the building.

(2)The affixing of a notice under subsection (1) shall be treated for all the purposes of [F28section 3,] this section, sections 5 and 10 to 26 and Schedule 2 as service of the notice.

(3)A notice which is so affixed must explain that by virtue of being so affixed it is treated as being served for those purposes.

(4)The Commission 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.

Textual Amendments

Modifications etc. (not altering text)

C9Ss. 1(3)(5)(6), 3–5 modified by S.I. 1990/1519, reg. 13(1)

C10S. 4 applied (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))

C11S. 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

5 Provisions applicable on lapse of building preservation notice. E+W

F29 ... Schedule 2 to this Act shall have effect as respects the lapse of building preservation notices.

F30(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C12Ss. 1(3)(5)(6), 3–5 modified by S.I. 1990/1519, reg. 13(1)

C13S. 5 applied (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))

6 Issue of certificate that building not intended to be listed F31....E+W

[F32(A1)The Secretary of State may, on the application of any person, issue a certificate stating that the Secretary of State does not intend to list a building F33....]

F34(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The issue of [F35a certificate under subsection (A1) F36...] in respect of a building shall—

(a)preclude the Secretary of State for a period of 5 years from the date of issue from exercising in relation to that building any of the powers conferred on him by section 1; and

(b)preclude the local planning authority for that period from serving a building preservation notice in relation to it.

(3)Notice of an application under subsection [F37(A1) F38...] shall be given to the local planning authority within whose area the building is situated at the same time as the application is submitted to the Secretary of State.

(4) In this section “local planning authority”, in relation to a building in Greater London, includes the Commission.

Textual Amendments

F34S. 6(1) omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 27(1)(a), 41(2)

F36Words in s. 6(2) omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 27(1)(b), 41(2)

F38Words in s. 6(3) omitted (21.5.2016) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 27(1)(c), 41(2)

F396AIssue of certificate that building not intended to be listed: WalesE+W

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Textual Amendments