Planning (Listed Buildings and Conservation Areas) Act 1990

Changes over time for: Section 89

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Point in time view as at 04/11/2024.

Changes to legislation:

Planning (Listed Buildings and Conservation Areas) Act 1990, Section 89 is up to date with all changes known to be in force on or before 22 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.

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89 Application of certain general provisions of principal Act.E+W

(1)[F1Subject to subsections (1A) and (2),] the following provisions of the principal Act shall apply for the purposes of this Act as they apply for the purposes of that Act, namely—

F2...
section 320 (local inquiries),
[F3section 322 (orders as to costs of parties where no inquiry held F4...)],
section [F5322A (orders as to costs: supplementary)],
F6...
323 (procedure on certain appeals and applications F7...),
F8...
[F9section 327ZA (powers as to form and content of applications F10...);]
[F11section 327A (compliance with requirements relating to applications),]
section 329 (service of notices),
[F12section 329A(1) and (2) (service of notices on the Crown)]
section 330 (power to require information as to interests in land),
[F13section 330A(1) to (4) (information as to interests in Crown land)]
section 331 (offences by corporations).

F14(1ZB). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15(1ZC)In section 327ZA of the principal Act as applied by this section, references to a planning application are to be read as references to an application under, or for the purposes of, any provision of Chapter 2 of Part 1 of this Act or any subordinate provision made under that Chapter (but are not to be read as including an application made in legal proceedings).]

[F16(1A)F17... subsection (1)(cc) of section 329 of that Act shall not apply to—

(a)service of a building preservation notice;

(b)service of a copy of a listed building enforcement notice by a planning authority;

(c)giving of notice under section 38 of this Act of the exercise of powers conferred by subsection (5) of that section; or

(d)service of a listed building enforcement notice issued by the Secretary of State.]

(2)Section 331 of that Act shall not apply to offences under section 59 of this Act.

[F18(3)In the application of section 330 by virtue of this section, references to a local authority include the Commission.]

Textual Amendments

F1Words in s. 89(1) substituted for E. (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), arts. 1(1), 8(2); and those same words substituted for W. (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156), art. 8(2) (with art. 14)

F2Words in s. 89(1) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 152(a)(i) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F3Words from “section 322” to “held)” omitted (temp.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 11 (which temp. omission ceases to have effect (2.1.1992 for specified purposes and 6.4.2009 for further specified purposes) by virtue of S.I. 1991/2698, art. 3 (with art. 4); S.I. 2009/849, art. 2 (with art. 3))