Planning (Listed Buildings and Conservation Areas) Act 1990

2 Publication of lists.E+W

(1)As soon as possible after any list has been compiled or approved under section 1 or any amendments of such a list have been made, a copy of so much of the list as relates to any district [F1, Welsh county, county borough,] or London borough or, as the case may be, of so much of the amendments as so relates, certified by or on behalf of the Secretary of State to be a true copy, shall be deposited—

(a)in the case of a London borough, with the council of the borough and with the chief officer of the Commission; F2. . .

(b)in the case of a district—

(i)with the district council;

(ii)with the county planning authority whose area or any part of whose area includes the district, or any part of it; and

(iii)where the district council are not the district planning authority, with that authority; [F3and

(c)in the case of a Welsh county or county borough—

(i)with the county council or (as the case may be) the county borough council; and

(ii)with the local planning authority, if different from that council.]

(2)Any copy deposited under subsection (1) shall be a local land charge, and the council with whom a copy is deposited shall be treated for the purposes of the M1Local Land Charges Act 1975 as the originating authority as respects the charge constituted by the deposit.

(3)As soon as possible after the inclusion of any building [F4situated in England] in a list under section 1 (whether it is included when the list is compiled, approved or amended) or as soon as possible after any such list has been amended by the exclusion of [F5any such building] from it—

(a)the Secretary of State shall inform the council of the district F6... or London borough in whose area the building is situated of the inclusion or exclusion; and

(b)the council shall serve a notice in the prescribed form on every owner and occupier of the building, stating that the building has been included in or excluded from the list.

[F7(3A)As soon as possible after amending a list under section 1 to include or exclude a building which is situated in Wales, the Welsh Ministers—

(a)must inform the local planning authority in whose area the building is situated of its inclusion or exclusion; and

(b)in the case of an amendment to exclude a building, must serve a notice on every owner and occupier of the building, stating that the building has been excluded from the list.

(3B)Section 2D makes provision about the further steps that the Welsh Ministers must take after amending a list under section 1 to include a building which is situated in Wales.]

(4)The Secretary of State shall keep available for public inspection free of charge at reasonable hours and at a convenient place, copies of all lists and amendments of lists, compiled, approved or made by him under section 1.

(5)Every authority with whom copies of any list or amendments are deposited under this section shall similarly keep available copies of so much of any such list or amendment as relates to buildings within their area.

(6)For the purposes of subsection (5) the Commission shall be taken to be an authority whose area is Greater London.

Textual Amendments

F3S. 2(1)(c) and the preceding “and”inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 25(1)(a) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F6Words in s. 2(3)(a) omitted (31.5.2017) by virtue of Historic Environment (Wales) Act 2016 (anaw 4), ss. 26(2)(b), 41(3); S.I. 2017/633, art. 4(c) (with art. 6(2))

Modifications etc. (not altering text)

C1S. 2(1)-(3)(8) 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))

Marginal Citations