- Latest available (Revised)
- Point in Time (28/11/1991)
- Original (As enacted)
Point in time view as at 28/11/1991. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Planning (Listed Buildings and Conservation Areas) Act 1990, Section 1 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)For the purposes of this Act and with a view to the guidance of local planning authorities in the performance of their functions under this Act and the principal Act in relation to buildings of special architectural or historic interest, the Secretary of State shall compile lists of such buildings, or approve, with or without modifications, such lists compiled by the Historic Buildings and Monuments Commission for England (in this Act referred to as “the Commission”) or by other persons or bodies of persons, and may amend any list so compiled or approved.
(2)The Secretary of State shall not approve any list compiled by the Commission if the list contains any building situated outside England.
(3)In considering whether to include a building in a list compiled or approved under this section, the Secretary of State may take into account not only the building itself but also—
(a)any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part; and
(b)the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building.
(4)Before compiling, approving (with or without modifications) or amending any list under this section the Secretary of State shall consult—
(a)in relation to buildings which are situated in England, with the Commission; and
(b)with such other persons or bodies of persons as appear to him appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.
(5)In this Act “listed building” means a building which is for the time being included in a list compiled or approved by the Secretary of State under this section; and for the purposes of this Act—
(a)any object or structure fixed to the building;
(b)any object or structure within the curtilage of the building which, although not fixed to the building, forms part of the land and has done so since before lst July 1948,
shall be treated as part of the building.
(6)Schedule 1 shall have effect for the purpose of making provision as to the treatment as listed buildings of certain buildings formerly subject to building preservation orders.
Modifications etc. (not altering text)
C1Ss. 1(3)(5)(6), 3–5 modified by S.I. 1990/1519, reg. 13(1)
C2S. 1: definition applied (30.11.1991) by Coal Mining Subsidence Act 1991 (c. 45, SIF 86), s. 19(1)(c); S.I. 1991/2508, art. 2
S. 1(5) definition of “listed building” applied by London Underground (Safety Measures) Act 1991 (c. xviii), s. 28(1)
S. 1(5) applied (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 paras. 1(5), 2(3)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: