SCHEDULES

SCHEDULE 3 Listed Buildings, Conservation Areas and Hazardous Substances

Part I Changes relating to enforcement

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

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1

Section 65 of that Act (appeals to High Court) is amended as follows.

2

After subsection (3) there is inserted—

3A

In proceedings brought by virtue of this section, the High Court or, as the case may be, the Court of Appeal may, on such terms, if any, as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the listed building enforcement notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.

3

For subsection (5) there is substituted—

5

No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court.