Planning (Listed Buildings and Conservation Areas) Act 1990

Part I Listed Buildings

Chapter 1Listing of special buildings

1Listing of buildings of special architectural or historic interest in England.

2Publication of lists.

2ADuty to consult on certain changes to lists

2BInterim protection pending certain listing decisions

2CProvisions applicable on lapse of interim protection

2DReview of certain listing decisions

3Temporary listing ...: building preservation notices.

3ATemporary listing in Wales: building preservation notices

4Temporary listing in urgent cases.

5Provisions applicable on lapse of building preservation notice.

6Issue of certificate that building not intended to be listed ....

6AIssue of certificate that building not intended to be listed: Wales

Chapter II Authorisation of works affecting listed buildings

Control of works in respect of listed buildings

7 Restriction on works affecting listed buildings.

8Authorisation of works: listed building consent.

Applications for listed building consent

10 Making of applications for listed building consent.

11 Certificates as to applicant’s status etc.

12Reference of certain applications to Secretary of State.

13 Duty to notify Secretary of State of applications.

14 Duty of London borough councils to notify Commission.

15Directions concerning notification of applications etc.

16 Decision on application.

Grant of consent subject to conditions

17Power to impose conditions on grant of listed building consent.

18 Limit of duration of listed building consent.

18AExtension of duration of certain listed building consent

19 Application for variation or discharge of conditions.

20Right to appeal against decision or failure to take decision.

20AAppeal made: functions of local planning authorities

21Appeals: supplementary provisions.

22Determination of appeals.

Revocation and modification of consent

23 Revocation and modification of listed building consent by local planning authority.

24 Procedure for s. 23 orders: opposed cases.

25 Procedure for s. 23 orders: unopposed cases.

26 Revocation and modification of listed building consent by the Secretary of State.

Buildings in England: heritage partnership agreements

26AHeritage partnership agreements

26BHeritage partnership agreements: supplemental

Buildings in England: orders granting listed building consent

26CListed building consent orders

26DLocal listed building consent orders

26EPowers of Secretary of State in relation to local orders

26FConsiderations in making orders

26GEffect of revision or revocation of order on incomplete works

Buildings in England: certificates of lawfulness

26HCertificate of lawfulness of proposed works

26ICertificates under section 26H: supplementary

26KAppeals against refusal or failure to give decision on application

26LHeritage partnership agreements

26MHeritage partnership agreements: supplemental

Chapter III Rights of Owners etc.

27 Compensation for refusal of consent to alteration, etc. of listed building.

28 Compensation where listed building consent revoked or modified.

28ACompensation where consent formerly granted by order is granted conditionally or refused

28BCompensation for loss or damage caused by interim protection

29Compensation for loss or damage in Wales caused by service of building preservation notice.

30Local planning authorities for compensation purposes.

31General provisions as to compensation for depreciation under this Part.

Listed building purchase notices

32Purchase notice on refusal or conditional grant of listed building consent.

32APurchase notices: Crown land

33 Action by council on whom listed building purchase notice served.

34Procedure on reference of listed building purchase notice to Secretary of State.

35 Action by Secretary of State in relation to listed building purchase notice.

36 Effect of Secretary of State’s action in relation to listed building purchase notice.

37 Reduction of compensation on acquisition where s. 28 compensation payable.

Chapter IVEnforcement

38Power to issue listed building enforcement notice.

39Appeal against listed building enforcement notice.

40Appeals: supplementary provisions.

41Determination of appeals under s. 39.

42Execution of works required by listed building enforcement notice.

43Offence where listed building enforcement notice not complied with.

44Effect of listed building consent on listed building enforcement notice.

44AInjunctions.

44AATemporary stop notices ...

44ABTemporary stop notices ...: offence

44ACTemporary stop notices in England: compensation

44BTemporary stop notices in Wales

44CTemporary stop notices in Wales: offence

44DTemporary stop notices in Wales: compensation

45Commission to have concurrent enforcement functions in London.

46Enforcement by the Secretary of State.

Chapter V Prevention of Deterioration and Damage

Compulsory acquisition of listed building in need of repair

47Compulsory acquisition of listed building in need of repair.

48Repairs notice as preliminary to acquisition under s. 47.

49Compensation on compulsory acquisition of listed building in England or Wales.

50 Minimum compensation in case of listed building deliberately left derelict.

51 Ending of rights over land compulsorily acquired.

Acquisition by agreement

52Acquisition of land by agreement.

Management of acquired buildings

53Management of listed buildings acquired under this Act.

Urgent preservation

54Urgent works to preserve ... listed buildings.

55Recovery of expenses of works under s. 54.

56 Dangerous structure orders in respect of listed buildings.

Grants for repair and maintenance

57Power of local authority to contribute to preservation of listed buildings etc.

58 Recovery of grants under s. 57.

Damage to listed buildings

59 Acts causing or likely to result in damage to listed buildings.

Chapter VI Miscellaneous and Supplemental

Exceptions for church buildings and ancient monuments

60Exceptions for ecclesiastical buildings and redundant churches.

61Exceptions for ancient monuments etc.

Validity of instruments, decisions and proceedings

62Validity of certain orders and decisions.

63 Proceedings for questioning validity of other orders, decisions and directions.

64 Validity of listed building enforcement notices.

65 Appeals to High Court relating to listed building enforcement notices.

Special considerations affecting planning functions

66General duty as respects listed buildings in exercise of planning functions.

67 Publicity for applications affecting setting of listed buildings.

68 Reference to Commission of planning applications involving listed buildings in Greater London.

Part II Conservation Areas

69 Designation of conservation areas.

70Designation of conservation areas: supplementary provisions.

General duties of planning authorities

71 Formulation and publication of proposals for preservation and enhancement of conservation areas.

72 General duty as respects conservation areas in exercise of planning functions.

73 Publicity for applications affecting conservation areas.

Control of demolition

74Control of demolition in conservation areas.

75Cases in which s. 74 does not apply.

76Urgent works to preserve ... buildings in conservation areas.

77Grants and loans for preservation or enhancement of conservation areas.

78 Recovery of grants under s. 77.

79Town scheme agreements.

80Grants for repairing of buildings in town schemes.

Part III General

Authorities exercising functions under Act

81Authorities exercising functions under Act.

Power to decline to determine application

81APower to decline to determine subsequent application

81BPower to decline to determine overlapping application

82Application of Act to land and works of local planning authorities.

82AApplication to the Crown

82BUrgent works relating to Crown land: application

82CExpressions relating to the Crown

82DEnforcement in relation to the Crown

82EReferences to an interest in land

82FApplications for listed building or conservation area consent by Crown

83 Exercise of powers in relation to Crown land.

84 Application for listed building or conservation area consent in anticipation of disposal of Crown land.

86Ecclesiastical property.

87 Settled land.

Miscellaneous provisions

88Rights of entry.

88A Warrants to enter land.

88BRights of entry: supplementary provisions.

88CRights of entry: Crown land

88DDetermination of procedure for certain proceedings: ...

88EDetermination of procedure for certain proceedings: Wales

89Application of certain general provisions of principal Act.

90Financial provisions.

Part IV Supplemental

91Interpretation.

92Application of Act to Isles of Scilly.

93Regulations and orders.

94 Short title, commencement and extent.

SCHEDULE 1 Buildings Formerly Subject to Building Preservation Orders

1Subject to paragraph 2, every building which immediately before lst...

2(1) The Secretary of State may at any time direct,...

3In the case of a building to which paragraph 1...

SCHEDULE 1ALapse of Interim Protection

1This Schedule applies where interim protection ceases to have effect...

2The fact that the interim protection has ceased to have...

3Any proceedings on or arising out of an application for...

4(1) Any listed building enforcement notice served by the local...

5Any temporary stop notice served by the local planning authority...

SCHEDULE 1BDecisions on Reviews by Person Appointed by Welsh Ministers

Decisions on reviews by appointed persons

1(1) The Welsh Ministers may by regulations prescribe the classes...

Powers and duties of appointed person

2(1) An appointed person has the same powers and duties...

Appointment of another person to make a decision on a review

3(1) At any time before an appointed person has made...

Local inquiries, hearings and written representations

4(1) An appointed person may appoint an assessor to provide...

5(1) The Welsh Ministers may direct that anything that would...

6(1) An appointed person may delegate to another person anything...

Supplementary provision

7Where an appointed person is a member of the staff...

SCHEDULE 2Lapse of Building Preservation Notices

1This Schedule applies where a building preservation notice ceases to...

2The fact that the notice has ceased to be in...

3Any proceedings on or arising out of an application for...

4(1) Any listed building enforcement notice served by the local...

4AAny temporary stop notice served under section 44AA(4) by the...

5Any temporary stop notice served under section 44B(4) by the...

SCHEDULE 2ALocal listed building consent orders: procedure

1(1) A local listed building consent order must be prepared...

2(1) The local planning authority may at any time prepare...

Order to be adopted

3A local listed building consent order is of no effect...

Annual report

4(1) While a local listed building consent order is in...

SCHEDULE 3 Determination of Certain Appeals by Person Appointed by Secretary of State

Determination of appeals by appointed person

1(1) The Secretary of State may by regulations prescribe the...

Powers and duties of appointed person

2(1) An appointed person shall have the same powers and...

Determination of appeals by Secretary of State

3(1) The Secretary of State may, if he thinks fit,...

4(1) The Secretary of State may by a further direction...

Appointment of another person to determine appeal

5(1) At any time before the appointed person has determined...

Local inquiries and hearings

6(1) Whether or not the parties to an appeal have...

6A(1) If the Secretary of State is considering giving a...

Supplementary provisions

7(1) The Tribunals and Inquiries Act 1992 shall apply to...

Local inquiries: Wales

8(1) This paragraph applies in relation to a local inquiry...

SCHEDULE 4 Further Provisions as to exercise of functions by different authorities

1(1) Subsection (3) of section 1 of the principal Act...

2Subject to sections . . . 4A, 6, 7, 8...

3Where an application for listed building consent under section 10...

4(1) Subject to sections . . ., 6, 7, 8...

5For the purposes of sections 3 and 4, 7 to...

6The validity of any consent or determination granted or made...

7(1) The Secretary of State may from time to time...

Royal arms

Planning (Listed Buildings and Conservation Areas) Act 1990

1990 CHAPTER 9

An Act to consolidate certain enactments relating to special controls in respect of buildings and areas of special architectural or historic interest with amendments to give effect to recommendations of the Law Commission.

[24th May 1990]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—