Planning (Listed Buildings and Conservation Areas) Act 1990

Grant of consent subject to conditions E+W

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

(1) Without prejudice to the generality of section 16(1), the conditions subject to which listed building consent may be granted may include conditions with respect to—

(a) the preservation of particular features of the building, either as part of it or after severance from it;

(b) the making good, after the works are completed, of any damage caused to the building by the works;

(c) the reconstruction of the building or any part of it following the execution of any works, with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions.

(2) A condition may also be imposed requiring specified details of the works (whether or not set out in the application) to be approved subsequently by the local planning authority or, in the case of consent granted by the Secretary of State, specifying whether such details are to be approved by the local planning authority or by him.

(3) Listed building consent for the demolition of a listed building may be granted subject to a condition that the building shall not be demolished before—

(a) a contract for the carrying out of works of redevelopment of the site has been made; and

(b) planning permission has been granted for the redevelopment for which the contract provides.

Modifications etc. (not altering text)

C1 Ss. 17–20 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

C2 S. 17: 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 A20

C3 Ss. 17-20 modified (W.) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 16, Sch. 3

C4 Ss. 7-29 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))

C5 S. 17(1)(2) applied (with modifications) (E.) (6.4.2014) by The Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) Regulations 2014 (S.I. 2014/550), regs. 1(1), 7

18 Limit of duration of listed building consent. E+W

(1) Subject to the provisions of this section, every listed building consent shall be granted subject to the condition that the works to which it relates must be begun not later than the expiration of—

(a) [F1 three years] beginning with the date on which the consent is granted; or

(b) such other period (whether longer or shorter) beginning with that date as the authority granting the consent may direct, being a period which the authority considers appropriate having regard to any material considerations.

(2) If listed building consent is granted without the condition required by subsection (1), it shall be deemed to have been granted subject to the condition that the works to which it relates must be begun not later than the expiration of [F1 three years] beginning with the date of the grant.

[F2 (2A) Subsection (2B) applies if any proceedings are begun to challenge the validity of a grant of listed building consent or of a deemed grant of listed building consent.

(2B) The period before the end of which the works to which the consent relates are required to be begun in pursuance of subsection (1) or (2) must be taken to be extended by one year.

(2C) Nothing in this section prevents the works being begun from the time the consent is granted.]

(3) Nothing in this section applies to any consent to the retention of works granted under section 8(3).

Textual Amendments

F1 Words in s. 18(1)(a)(2) substituted (24.8.2005 for E., otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(4)(a), 121(1) (with ss. 51(6), 111); S.I. 2005/2081, art 2(c) (with art. 4)

F2 S. 18(2A)-(2C) inserted (24.8.2005 for E., otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(4)(b), 121(1) (with ss. 51(6), 111); S.I. 2005/2081, art 2(c) (with art. 4)

Modifications etc. (not altering text)

C3 Ss. 17-20 modified (W.) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 16, Sch. 3

C4 Ss. 7-29 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))

C6 S. 18A(1)(b)(ii): power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 19(3), 25(3)(b)

C7 Ss. 17–20 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

[F3 18A Extension of duration of certain listed building consent E+W

(1) This section applies in relation to listed building consent granted or deemed to be granted—

(a) in relation to a building in England, and

(b) subject to a condition which has the effect that the works to which the consent relates must be begun not later than a time falling within the period—

(i) beginning with 23 March 2020, and

(ii) ending with 31 December 2020.

(2) The condition is deemed to provide instead that the works to which the consent relates must be begun not later than 1 May 2021.

(3) The time by which the works must be begun is not to be extended (whether by section 18(2B) or otherwise) to a later time than that for the time being provided for in subsection (2).

(4) The reference in subsection (1) to listed building consent being granted, or deemed to be granted, subject to a condition which has the effect mentioned in paragraph (b) of that subsection includes a reference to the consent being subject to a condition which has that effect by virtue of being subsequently modified (whether under section 18(2B) or otherwise).]

Textual Amendments

F3 S. 18A inserted (temp.) (19.8.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 19(1), 25(3)(b) (with s. 19(2))

Modifications etc. (not altering text)

C8 S. 18A(1)(b)(ii)(2) power to amend conferred (19.8.2020) by Business and Planning Act 2020 (c. 16), ss. 19(3), 25(3)(b)

19 Application for variation or discharge of conditions. E+W

(1) Any person interested in a listed building with respect to which listed building consent has been granted subject to conditions may apply to the local planning authority for the variation or discharge of the conditions.

(2) The application shall indicate what variation or discharge of conditions is applied for.

(3) Sections 10 to 15 apply to such an application as they apply to an application for listed building consent.

(4) On such an application the local planning authority or, as the case may be, the Secretary of State may vary or discharge the conditions attached to the consent, and may add new conditions consequential upon the variation or discharge, as they or he thinks fit.

[F4 (5) But a variation or discharge of conditions under this section must not—

(a) vary a condition subject to which a consent was granted by extending the time within which the works must be started;

(b) discharge such a condition.]

Textual Amendments

F4 S. 19(5) inserted (24.8.2005 for E., otherwise prosp.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 51(5), 121(1) (with ss. 51(6), 111); S.I. 2005/2081, art 2(c) (with art. 4)

Modifications etc. (not altering text)

C3 Ss. 17-20 modified (W.) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 16, Sch. 3

C4 Ss. 7-29 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))

C9 Ss. 17–20 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3