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Version Superseded: 06/08/2004
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Planning (Listed Buildings and Conservation Areas) Act 1990, Section 67 is up to date with all changes known to be in force on or before 30 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.
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(1)This section applies where an application for planning permission for any development of land is made to a local planning authority and the development would, in the opinion of the authority, affect the setting of a listed building.
(2)The local planning authority shall—
(a)publish in a local newspaper circulating in the locality in which the land is situated; and
(b)for not less than seven days display on or near the land,
a notice indicating the nature of the development in question and naming a place within the locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period of 21 days beginning with the date of publication of the notice under paragraph (a).
(3)In a case where the land is situated in England, the local planning authority shall send a copy of the notice to the Commission.
(4)Where the Secretary of State, after consulting with the Commission, notifies a local planning authority in writing that subsection (3) shall not affect the authority as regards any notice relating to any kind of application specified in the notification, then that subsection shall not affect the authority as regards any such notice.
(5)The Secretary of State shall send the Commission a copy of any notification made under subsection (4).
(6)The application shall not be determined by the local planning authority before—
(a)the expiry of the period of 21 days referred to in subsection (2); or
(b)if later, the expiry of the period of 21 days beginning with the date on which the notice required by that subsection to be displayed was first displayed.
(7)In determining any application for planning permission to which this section applies, the local planning authority shall take into account any representations relating to the application which are received by them before the periods mentioned in subsection (6) have elapsed.
[F1(8)In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act.]
Textual Amendments
F1S. 67(8) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 32, Sch. 7 para.59; S.I. 1991/2905, art.3, Sch. 1
Modifications etc. (not altering text)
C1Ss. 67 and 73: power to modify conferred (10.11.1993) by 1993 c. 28, s. 171(1)(a); S.I. 1993/2762, art.3.
C2S. 67(2)(b), (6)(7), 73(1) modified by S.I. 1990/1519, reg. 13(1)
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