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Planning (Listed Buildings and Conservation Areas) Act 1990

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Planning (Listed Buildings and Conservation Areas) Act 1990, Section 26H is up to date with all changes known to be in force on or before 27 December 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. Help about Changes to Legislation

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[F126HCertificate of lawfulness of proposed worksE+W

(1)A person who wishes to ascertain whether proposed works for the alteration or extension of a listed building F2... would be lawful may make an application to the local planning authority specifying the building and describing the works.

(2)For the purposes of this section works would be lawful if they would not affect the character of the listed building as a building of special architectural or historic interest.

(3)If on an application under this section the local planning authority are provided with information satisfying them that the works described in the application would be lawful at the time of the application, they must issue a certificate to that effect; and in any other case they must refuse the application.

(4)A certificate under this section must—

(a)specify the building to which it relates;

(b)describe the works concerned;

(c)give the reasons for determining that the works would be lawful; and

(d)specify the date of issue of the certificate.

(5)Works for which a certificate is issued under this section are to be conclusively presumed to be lawful, provided that—

(a)they are carried out within 10 years beginning with the date of issue of the certificate, and

(b)the certificate is not revoked under section 26I.]

Textual Amendments

F1Ss. 26H-26K and cross-heading inserted (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 61, 103(1)(i)(3); S.I. 2014/416, art. 3(b)

Modifications etc. (not altering text)

C1Ss. 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))

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