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Planning (Listed Buildings and Conservation Areas) Act 1990
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46 Enforcement by the Secretary of State. E+W
(1)If it appears to the Secretary of State to be expedient that a listed building enforcement notice should be issued in respect of any land, he may issue such a notice.
[F1(1A)If it appears to the Secretary of State to be expedient that a temporary stop notice should be issued in respect of any land in England, the Secretary of State may issue such a notice.]
(2)Before the Secretary of State serves a notice under subsection (1) [F2or (1A)] he shall consult—
(a)the local planning authority; and
(b)if the land is situated in England, the Commission.
(3)A listed building enforcement notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority.
[F3(3A)A temporary stop notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority under section 44AA.]
(4)In relation to a listed building enforcement notice issued by the Secretary of State, [F4section 42] shall apply as if for any reference in [F4that section] to the local planning authority there were substituted a reference to the Secretary of State.
(5)References in this section to the local planning authority shall in the case of an authority for an area [F5in England] outside Greater London be construed as references to the district planning authority.
Textual Amendments
F1S. 46(1A) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(8)(a), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)
F2Words in s. 46(2) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(8)(b), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)
F3S. 46(3A) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(8)(c), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)
F4Words in s. 46(4) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 25, Sch. 3 Pt. II para. 22; S.I. 1991/2905, art. 3
F5Words in s. 46(5) inserted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 Pt. II para. 25(5) (with ss. 54(5)(7), 55(5), 66(7), Sch. 17 paras. 22(1), 23(2); S.I. 1996/396, art. 3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 43–46 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3
C2S. 46 modified (W.) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 16, Sch. 3
C3Ss. 32-50 applied in part (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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