Search Legislation

Advanced Search

Planning (Listed Buildings and Conservation Areas) Act 1990

Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
Help about advanced features

Advanced Features

Changes to legislation:

Planning (Listed Buildings and Conservation Areas) Act 1990, Section 88D is up to date with all changes known to be in force on or before 21 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

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 88D:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

F4[F188D [F2Determination of procedure for certain proceedings: F3...]E+W

(1)The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered.

(2)A determination under subsection (1) must provide for the proceedings to be considered in [F5such one or more of the following ways as appear] to the Secretary of State to be F6... appropriate—

(a)at a local inquiry;

(b)at a hearing;

(c)on the basis of representations in writing.

(3)The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period.

(4)A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined.

(5)The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1).

(6)The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1).

(7)This section applies to—

(a)an application referred to the Secretary of State under section 12 instead of being dealt with by a local planning authority F7...;

(b)an appeal under section 20 against a decision of a local planning authority F8...; and

(c)an appeal under section 39 against a listed building enforcement notice issued by a local planning authority F9....

(8)The Secretary of State may by order amend subsection (7) to—

(a)add proceedings under this Act to, or remove proceedings under this Act from, the list of proceedings to which this section applies, or

(b)otherwise modify the descriptions of proceedings under this Act to which this section applies.

(9)An order under subsection (8) may—

F10(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)amend, repeal or revoke any provision made by or under this Act or by or under any other Act.]

Textual Amendments

F1S. 88D inserted (6.4.2009 for specified purposes, otherwise prosp.) by Planning Act 2008 (c. 29), ss. 196(2), 241(8) (with s. 226); S.I. 2009/400, art. 3(j)

F4S. 88D inserted (6.4.2009 for E.W. for specified purposes, 25.4.2024 for specified purposes) by Planning Act 2008 (c. 29), ss. 196(2), 241(8) (with s. 226); S.I. 2009/400, art. 3(j) (with art. 6(2)); S.I. 2024/452, reg. 2(a)

F5Words in s. 88D(2) substituted (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 20(2)(a), 25(3)(c)

F6Word in s. 88D(2) omitted (22.7.2020) by virtue of Business and Planning Act 2020 (c. 16), ss. 20(2)(b), 25(3)(c)

Modifications etc. (not altering text)

C1S. 88D applied (with modifications) by S.I. 2013/2140, Sch. 3 para. 6 (as inserted (E.) (1.10.2014) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014 (S.I. 2014/1532), arts. 1(1), 8)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: