Planning (Listed Buildings and Conservation Areas) Act 1990

Section 5.

SCHEDULE 2 E+W Lapse of Building Preservation Notices

Modifications etc. (not altering text)

C1 Schs. 1, 2 modified by S.I. 1990/1519, reg. 13(1)

C2 Sch. 2 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))

1 E+W This Schedule applies where a building preservation notice ceases to be in force by virtue of—

(a) the expiry of the six month period mentioned in subsection (3)(b) of section 3; F1 ...

(b) the service of a notification by the Secretary of State under subsection (4)(b) of that section.

[F2 (c) the expiry of the six month period mentioned in subsection (3)(b) of section 3A; or

(d) the service of a notification by the Welsh Ministers under subsection (4)(b) of that section.]

Textual Amendments

F1 Word in Sch. 2 para. 1 omitted (31.5.2017) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 25(6)(a), 41(3); S.I. 2017/633, art. 4(b) (with art. 6(3))

F2 Sch. 2 para. 1(c)(d) inserted (31.5.2017) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 25(6)(b), 41(3); S.I. 2017/633, art. 4(b) (with art. 6(3))

2 E+W The fact that the notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 9 [F3 , 43 [F4 , 44AB] or 44C] committed with respect to the building while it was in force.

Textual Amendments

F3 Words in Sch. 2 para. 2 substituted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 29(7)(a), 41(2)

F4 Word in Sch. 2 para. 2 inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(12)(a), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)

3 E+W Any proceedings on or arising out of an application for listed building consent with respect to the building made while the notice was in force and any such consent granted while it was in force shall lapse.

4 (1) Any listed building enforcement notice served by the local planning authority while the building preservation notice was in force shall cease to have effect. E+W

(2) Any proceedings on it under sections 38 to 40 shall lapse.

(3) Notwithstanding sub-paragraph (1), section 42(1) and (2) shall continue to have effect as respects any expenses incurred by the local authority, owner or occupier as mentioned in that section and with respect to any sums paid on account of such expenses.

[F5 (4) The reference to a local authority in sub-paragraph (3) above includes a reference to any National Park authority which is the local planning authority for any area.]

Textual Amendments

F5 Sch. 2 para. 4(4) inserted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 33(5) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2

[F6 4A E+W Any temporary stop notice served under section 44AA(4) by the local planning authority with respect to the building while the building preservation notice was in force ceases to have effect.]

Textual Amendments

F6 Sch. 2 para. 4A inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(12)(b), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)

[F7 5 E+W Any temporary stop notice served [F8 under section 44B(4)] by the local planning authority with respect to the building while the building preservation notice was in force ceases to have effect.]

Textual Amendments

F7 Sch. 2 para. 5 inserted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 29(7)(b), 41(2)

F8 Words in Sch. 2 para. 5 inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(12)(c), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)