Town and Country Planning (Amendment) Act 1972

8 Control of demolition in conservation areas in England and Wales

(1) This section applies to all buildings other than—

(a) listed buildings, and

(b) excepted buildings within the meaning of section 58(2) of the Act of 1971 (buildings, that is to say, excepted from the power of local planning authorities to serve building preservation notices in respect of non-listed buildings).

(2) If it appears to a local planning authority in England or Wales that, in the interests of preserving the character or appearance of any part of their area which is for the time being a conservation area, there should be power to control the demolition of the buildings therein to which this section applies, or any one or more of those buildings, they may direct that the buildings or building in question be subject to control under this section; and while such a direction is in force as respects any building, the provisions of the Act of 1971 specified in Part I of Schedule 2 to this Act shall have effect in relation to the building subject to and in accordance with the provisions of that Part.

(3) A local planning authority making a direction under subsection (2) above shall forthwith submit it to the Secretary of State for confirmation, and the Secretary of State may confirm the direction in the form in which it is submitted to him, confirm it subject to the exclusion of any building or buildings specified in the confirmation, or refuse to confirm it.

(4) A direction under subsection (2) above shall come into force on the day on which it is confirmed by the Secretary of State or, if it contains a declaration by the local planning authority that it is expedient that it should have immediate effect, on the day on which it is made.

(5) A local planning authority may by a direction made under this subsection, which shall not require confirmation by the Secretary of State but shall take effect on the day on which it is made, revoke any direction under subsection (2) above, or vary any such direction so as to exclude any building or buildings therefrom.

(6) Where a building to which a direction under subsection (2) above relates becomes a listed building or ceases to be in a conservation area, the direction shall cease to be in force as respects that building; and, in the case of a direction containing such a declaration as is mentioned in subsection (4) above—

(a) if during the period of six months beginning with the date on which the direction is made the Secretary of State notifies the local planning authority that he does not propose to confirm it, the direction shall cease to be in force as from the day on which the notification is received by them,

(b) if during that period the Secretary of State confirms the direction subject to the exclusion of a specified building or buildings, the direction shall thereupon cease to be in force as respects that building or those buildings,

(c) if neither of the above paragraphs applies, the direction shall cease to be in force at the end of that period unless the Secretary of State has by then confirmed it in the form in which it was submitted to him.

(7) The provisions of Part II of Schedule 2 to this Act shall have effect for the purpose of supplementing the preceding provisions of this section.

(8) The preceding provisions of this section and the said Schedule 2 shall be construed as one with the Act of 1971; and, in particular, the local planning authority for the purpose of this section shall, in Greater London, be the Greater London Council and also, in relation to a London borough, the council of that borough.