5(1)Subject to the following provision of this paragraph, a. . . F1 planning authority to whom application is made for listed building consent shall not grant such consent, unless they have notified the Secretary of State of the application (giving particulars of the works for which the consent is required) and 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.
(2)The Secretary of State may at any time before the said period expires give notice to the authority that he requires further time in which to consider whether to require the reference of the application to him [F2; and if he gives such a notice the authority shall not grant the listed building consent until he has notified them that he does not intend to require the reference of the application.]
Textual Amendments
F1Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F2Words substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 50, Sch. 9 Pt. II para. 23
5(1)Subject to the following provision of this paragraph, a. . . F1 planning authority to whom application is made for listed building consent shall not grant such consent, unless they have notified the Secretary of State of the application (giving particulars of the works for which the consent is required) and 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.
(2)The Secretary of State may at any time before the said period expires give notice to the authority that he requires further time in which to consider whether to require the reference of the application to him [F2; and if he gives such a notice the authority shall not grant the listed building consent until he has notified them that he does not intend to require the reference of the application.]
Textual Amendments
F1Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F2Words substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 50, Sch. 9 Pt. II para. 23