Planning (Listed Buildings and Conservation Areas) Act 1990

Part IV E+W Supplemental

91 Interpretation. E+W

(1) In this Act, except in so far as the context otherwise requires—

• “building preservation notice” has the meaning given in section 3(1);

• “the Commission” means the Historic Buildings and Monuments Commission for England;

• “conservation area” means an area for the time being designated under section 69;

• “conservation area consent” has the meaning given in section 74(1);

• “listed building” has the meaning given in section 1(5);

• “listed building consent” has the meaning given in section 8(7);

• “listed building enforcement notice” has the meaning given in section 38(1);

• “listed building purchase notice” has the meaning given in section 32(1);

• “local planning authority” shall be construed in accordance with section 81;

• “prescribed”, except in relation to matters expressly required or authorised by this Act to be prescribed in some other way, means prescribed by regulations under this Act;

• “the principal Act” means the M1 Town and Country Planning Act 1990;

• “town scheme agreement” has the meaning given in section 79.

(2) Subject to subsections (6) and (7) and except in so far as the context otherwise requires, the following expressions have the same meaning as in the principal Act—

• “the 1962 Act”

• “acquiring authority”

• “the Broads”

• “building”

• “compulsory acquisition”

• “development”

• “development order”

• “development plan”

• “disposal”

• “enactment”

• “functions”

• “government department”

• “joint planning board”

• “land”

• “lease”

• “local authority”

• “London borough”

• “minerals”

• “Minister”

• F1 . . .

• “owner”

• “the planning Acts”

• “planning permission”

• “public gas supplier”

• “use”

• “Valuation Office”,

but this subsection does not affect the meaning of “owner” in section 11.

(3) In this Act “statutory undertakers” has the same meaning as in the principal Act except that—

(a) in sections 33 to 36 it shall be deemed to include references to a public telecommunications operator;

(b) in sections 33 to 36, 51(2)(a) and 90(2) it shall be deemed to include [F2 a universal service provider in connection with the provision of a universal postal service], the Civil Aviation Authority, a public gas supplier, a holder of a licence under section 6 of the M2 Electricity Act 1989, the National Rivers Authority and every water or sewerage undertaker.

[F3 (3A) The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

F3 (3B) In subsections (3) and (3A) “universal service provider” has the same meaning as in the Postal Services Act 2000; and the references to the provision of a universal postal service shall be construed in accordance with that Act]

(4) References in the planning Acts to any of the provisions mentioned in section 82 include, except where the context otherwise requires, references to those provisions as modified under that section.

(5) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(6) In sections 33 to 36, 53(1) 54, 55 and 88(3) “local authority”, in relation to a building or land in the Broads, includes the Broads Authority.

(7) For the purposes of subsection (1)(b) of section 57 and subsection (2) of that section as it applies for the purposes of that subsection the definition of “building” in the principal Act shall apply with the omission of the words “but does not include any plant or machinery comprised in a building”.

Textual Amendments

F1 Words in s. 91(2) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(6),Schs. 6 Pt. II para. 48, 19 Pt. I; S.I. 1991/2067, art. 3

F2 Words in s. 91(3)(b) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 84(2)

F3 S. 91(3A)(3B) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 84(3)

Modifications etc. (not altering text)

C1 S. 91 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(j); S.I. 1996/218, art. 2

C2 S. 91(2): power to apply (with modifications) conferred by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1), s. 149(3)(b), Sch. 29 Pt. II para. 14 as inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(13)

S. 91(2) applied (with modifications) by S.I. 1993/1075, art. 4.

Marginal Citations

M1 1990 c. 8.

M2 1989 c. 29.

91 Interpretation. E+W

(1) In this Act, except in so far as the context otherwise requires—

• “building preservation notice” has the meaning given in section 3(1);

• “the Commission” means the Historic Buildings and Monuments Commission for England;

• “conservation area” means an area for the time being designated under section 69;

• “conservation area consent” has the meaning given in section 74(1);

• “listed building” has the meaning given in section 1(5);

• “listed building consent” has the meaning given in section 8(7);

• “listed building enforcement notice” has the meaning given in section 38(1);

• “listed building purchase notice” has the meaning given in section 32(1);

• “local planning authority” shall be construed in accordance with section 81;

• “prescribed”, except in relation to matters expressly required or authorised by this Act to be prescribed in some other way, means prescribed by regulations under this Act;

• “the principal Act” means the M5 Town and Country Planning Act 1990;

• “town scheme agreement” has the meaning given in section 79.

(2) Subject to subsections (6) and (7) and except in so far as the context otherwise requires, the following expressions have the same meaning as in the principal Act—

• “the 1962 Act”

• “acquiring authority”

• “the Broads”

• “building”

• “compulsory acquisition”

• “development”

• “development order”

• “development plan”

• “disposal”

• “enactment”

• “functions”

• “government department”

• “joint planning board”

• “land”

• “lease”

• “local authority”

• “London borough”

• “minerals”

• “Minister”

• F7 . . .

• “owner”

• “the planning Acts”

• “planning permission”

• “public gas supplier”

• “use”

• “Valuation Office”,

but this subsection does not affect the meaning of “owner” in section 11.

(3) In this Act “statutory undertakers” has the same meaning as in the principal Act except that—

(a) in sections 33 to 36 it shall be deemed to include references to a public telecommunications operator;

(b) in sections 33 to 36, 51(2)(a) and 90(2) it shall be deemed to include the Post Office, the Civil Aviation Authority, a public gas supplier, a holder of a licence under section 6 of the M6 Electricity Act 1989, the National Rivers Authority and every water or sewerage undertaker.

(4) References in the planning Acts to any of the provisions mentioned in section 82 include, except where the context otherwise requires, references to those provisions as modified under that section.

(5) Words in this Act importing a reference to service of a notice to treat shall be construed as including a reference to the constructive service of such a notice which, by virtue of any enactment, is to be deemed to be served.

(6) In sections 33 to 36, 53(1) 54, 55 and 88(3) “local authority”, in relation to a building or land in the Broads, includes the Broads Authority.

(7) For the purposes of subsection (1)(b) of section 57 and subsection (2) of that section as it applies for the purposes of that subsection the definition of “building” in the principal Act shall apply with the omission of the words “but does not include any plant or machinery comprised in a building”.

Textual Amendments

F7 Words in s. 91(2) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4), 84(6),Schs. 6 Pt. II para. 48, 19 Pt. I; S.I. 1991/2067, art. 3

Modifications etc. (not altering text)

C4 S. 91 extended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(2)(j); S.I. 1996/218, art. 2

C5 S. 91(2): power to apply (with modifications) conferred by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1), s. 149(3)(b), Sch. 29 Pt. II para. 14 as inserted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 44(13)

S. 91(2) applied (with modifications) by S.I. 1993/1075, art.4.

Marginal Citations

M5 1990 c. 8.

M6 1989 c. 29.

92 Application of Act to Isles of Scilly. E+W

(1) The Secretary of State shall, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of the provisions of this Act specified in subsection (2) as if those Isles were a separate county.

(2) The provisions referred to in subsection (1) are—

(a) sections 1(1) to (5), 2(1) to (3) [F4 41(8)], 51, 52, 64, 65, 66(2), 82(1) and (4)(b), 83, 84, 86 (except subsection (2)(a)), 87, 88 (except subsection (3)), 90(1) to (4) and any other provisions of the planning Acts in so far as they apply, or have effect for the purposes of, any of those provisions; and

(b) sections 1(6), 3, 4, 5, 7 to 29, 32 to 50 (except 39(6) [F5 and 42(6)]), 60(1) to (4), 61, 66(1), 67(2)(b),(6) and (7), 73(1) (so far as it applies to section 67(2)(b), (6) and (7)), 75(1), (5) and (6), 82(2), (3) and (4)(a) and Schedules 1, 2 and 3.

(3) The Secretary of State, may, after consultation with the Council of the Isles of Scilly, by order provide for the application to those Isles of sections 2(4) and (5), 53 to 55, 59, 67(1) to (6), 69 to 72, 73(1), 74 to 76 and 88(3) and paragraph 4 of Schedule 4 as if those Isles were a separate county or district.

(4) Any order under this section may provide for the application of provisions to the Isles subject to such modifications as may be specified in the order.

Textual Amendments

F4 “41(8)” inserted (temp.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 10 (which temp. insertion ceases to have effect (2.1.1992 for specified purposes and 6.4.2009 for further specified purposes) by virtue of S.I. 1991/2698, art. 3 (with art. 4); S.I. 2009/849, art. 2 (with art. 3))

F5 Words in s. 92(2)(b) repealed (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 25, 84(6), 84(2), Schs. 3 Pt. II para. 27, 19 Pt. I; S.I. 1991/2905, art. 3, Sch. 2

Modifications etc. (not altering text)

C3 S. 92(1) applied by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 5, Sch. 3 para. 11(4)

93 Regulations and orders. E+W

(1) The Secretary of State may make regulations under this Act—

(a) for prescribing the form of any notice, order or other document authorised or required by any of the provisions of this Act to be served, made or issued by any local authority [F6 or National Park authority];

(b) for any purpose for which regulations are authorised or required to be made under this Act.

(2) Any power conferred by this Act to make regulations shall be exercisable by statutory instrument.

(3) Any statutory instrument containing regulations made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) The power to make orders under sections 8(5), 60, 75(7) and 92 shall be exercisable by statutory instrument.

(5) Any statutory instrument which contains an order under section 60 or 75(7) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Any order under section 60 or 75(7) may contain such supplementary and incidental provisions as may appear to the Secretary of State appropriate.

(7) Without prejudice to section 14 of the M3 Interpretation Act 1978, any power conferred by this Act to make an order shall include power to vary or revoke any such order by a subsequent order.

Textual Amendments

F6 S. 93(1)(a) amended (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 33(4) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2

Marginal Citations

M3 1978 c. 30.

94 Short title, commencement and extent. E+W

(1) This Act may be cited as the Planning (Listed Buildings and Conservation Areas) Act 1990.

(2) Except as provided in Schedule 4 to the M4 Planning (Consequential Provisions) Act 1990, this Act shall come into force at the end of the period of three months beginning with the day on which it is passed.

(3) This Act extends to England and Wales only.

Marginal Citations

M4 1990 c. 11.