Part I Listed Buildings
C3 Chapter II Authorisation of works affecting listed buildings
Appeals
C1C2C4C520 Right to appeal against decision or failure to take decision.
1
Where a local planning authority—
a
refuse an application for listed building consent or grant it subject to conditions;
b
refuse an application for the variation or discharge of conditions subject to which such consent has been granted or grant it and add new conditions; or
c
refuse an application for approval required by a condition imposed on the granting of listed building consent with respect to details of works or grant it subject to conditions,
the applicant, if aggrieved by the decision, may appeal to the Secretary of State.
2
A person who has made such an application may also appeal to the Secretary of State if the local planning authority have F1done none of the following—
a
given notice to the applicant of their decision on the application;
F2aa
given notice to the applicant that they have exercised their power under section 81A or 81B to decline to determine the application;
b
in the case of such an application as is mentioned in paragraph (a) or (b) of subsection (1), given notice to the applicant that the application has been referred to the Secretary of State in accordance with directions given under section 12,
within the relevant period from the date of the receipt of the application, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.
3
In this section “the relevant period” means—
a
in the case of such an application as is mentioned in paragraph (a) or (b) of subsection (1), such period as may be prescribed; and
b
in the case of such an application for approval as is mentioned in paragraph (c) of subsection (1), the period of eight weeks from the date of the receipt of the application.
4
For the purposes of the application F3in relation to England of sections 22(1) and 63(7)(b) in relation to an appeal under subsection (2) it shall be assumed that the authority decided to refuse the application in question.
F45
For the purposes of the application in relation to Wales of sections 22(1), 63(7)(b) and 88E(7)(b) in relation to an appeal under subsection (2) it shall be assumed that the authority decided to refuse the application in question.
Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.