- Latest available (Revised)
- Original (As enacted)
Planning (Listed Buildings and Conservation Areas) Act 1990, Section 55 is up to date with all changes known to be in force on or before 02 September 2024. 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)This section has effect for enabling the expenses of works executed under section 54 to be recovered by the authority who carried out the works, that is to say the local authority, the Commission or the Secretary of State or, in the case of works carried out by the Commission on behalf of the Secretary of State, the Secretary of State.
(2)That authority may give notice to the owner of the building requiring him to pay the expenses of the works.
(3)Where the works consist of or include works for affording temporary support or shelter for the building—
(a)the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used; and
(b)notices under subsection (2) in respect of any such continuing expenses may be given from time to time.
(4)The owner may within 28 days of the service of the notice represent to the Secretary of State—
(a)that some or all of the works were unnecessary for the preservation of the building; or
(b)in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time; or
(c)that the amount specified in the notice is unreasonable; or
(d)that the recovery of that amount would cause him hardship,
and the Secretary of State shall determine to what extent the representations are justified.
(5)The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—
(a)to the owner of the building; and
(b)if the authority who gave notice under subsection (2) is a local authority or the Commission, to them.
[F1(5A)Where the Welsh Ministers make a determination under subsection (4), the owner of the building or (if it is given notice under subsection (5)) the local authority may, within 28 days of the service of the notice under subsection (5), appeal to the county court against the decision.
(5B)In the case of a building in Wales, as from the time when the notice under subsection (2) becomes operative, the expenses which an authority may recover under this section carry interest at such rate as the Welsh Ministers may prescribe by order until recovery of all sums due under this section; and the expenses and any interest are recoverable by the authority as a debt.
(5C)As from that time, the expenses and any interest are, until recovery, a charge on the land on which the building stands.
(5D)The charge takes effect at that time as a legal charge which is a local land charge.
(5E)For the purpose of enforcing the charge, the authority have the same powers and remedies under the Law of Property Act 1925 and otherwise as if they were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
(5F)The power of appointing a receiver is exercisable at any time after the end of the period of one month beginning with the date on which the charge takes effect.
(5G)For the purposes of subsections (5B) to (5F), the notice becomes operative—
(a)where no representations are made under subsection (4) within the period referred to in that subsection, at the end of that period;
(b)where representations are made as mentioned in paragraph (a) but no appeal against the determination under subsection (4) is made under subsection (5A) within the period referred to in that subsection, at the end of that period;
(c)where an appeal is made as mentioned in paragraph (b) and the decision on the appeal confirms the determination under subsection (4) (with or without variation), at the time of the decision;
(d)where an appeal is made as mentioned in paragraph (b) but is withdrawn, at the time of the withdrawal.]
F2(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 55(5A)-(5G) inserted (4.5.2017 for specified purposes, 31.5.2017 in so far as not already in force) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 30(6), 41(3); S.I. 2017/633, arts. 2, 5(d) (with art. 6(4))
F2S. 55(6) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 25, 84(6), Schs. 3 Pt. II para. 23, 19 Pt.I; S.I. 1991/2905, art.3 sch. 2
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.
S. 55 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9, para. 13(4)(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
C2S. 55: functions made exercisable concurrently (1.2.2005) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 2, 25(1)(2)(xxxii) (with art. 35)
C3S. 55: functions made exercisable concurrently (1.2.2005) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(1)(2)(xxxii) (with art. 35)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: