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Planning (Listed Buildings and Conservation Areas) Act 1990

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Planning (Listed Buildings and Conservation Areas) Act 1990, Cross Heading: Buildings in England: heritage partnership agreements is up to date with all changes known to be in force on or before 10 December 2018. 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

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[F1Buildings in England: heritage partnership agreementsE+W

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Amendments (Textual)

F1 Ss. 26A, 26B and cross-heading inserted (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 60(2), 103(1)(i)(3); S.I. 2014/416, art. 3(a)

26A Heritage partnership agreementsE+W

(1)A relevant local planning authority may make an agreement under this section (a “heritage partnership agreement”) with any owner of a listed building, or a part of such a building, situated in England.

(2)Any of the following may also be a party to a heritage partnership agreement in addition to an owner and the relevant local planning authority—

(a)any other relevant local planning authority;

(b)the Secretary of State;

(c)the Commission;

(d)any person who has an interest in the listed building;

(e)any occupier of the listed building;

(f)any person involved in the management of the listed building;

(g)any other person who appears to the relevant local planning authority appropriate as having special knowledge of, or interest in, the listed building, or in buildings of architectural or historic interest more generally.

(3)A heritage partnership agreement may contain provision—

(a)granting listed building consent under section 8(1) in respect of specified works for the alteration or extension of the listed building to which the agreement relates, and

(b)specifying any conditions to which the consent is subject.

(4)The conditions to which listed building consent may be subject under subsection (3)(b) in respect of specified works are those that could be attached to listed building consent in respect of the works if consent were to be granted under section 16.

(5)If a heritage partnership agreement contains provision under subsection (3), nothing in sections 10 to 26 and 28 applies in relation to listed building consent for the specified works, subject to any regulations under section 26B(2)(f).

(6)A heritage partnership agreement may also—

(a)specify or describe works that would or would not, in the view of the parties to the agreement, affect the character of the listed building as a building of special architectural or historic interest;

(b)make provision about the maintenance and preservation of the listed building;

(c)make provision about the carrying out of specified work, or the doing of any specified thing, in relation to the listed building;

(d)provide for public access to the listed building and the provision to the public of associated facilities, information or services;

(e)restrict access to, or use of, the listed building;

(f)prohibit the doing of any specified thing in relation to the listed building;

(g)provide for a relevant public authority to make payments of specified amounts and on specified terms—

(i)for, or towards, the costs of any works provided for under the agreement; or

(ii)in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.

(7)For the purposes of subsection (6)(g), each of the following, if a party to the agreement, is a relevant public authority—

(a)the Secretary of State;

(b)the Commission;

(c)a relevant local planning authority.

(8) In this section “ specified ” means specified or described in the heritage partnership agreement.

(9)In this section and section 26B—

  • owner ”, in relation to a listed building or a part of such a building, means a person who is for the time being —

    (a)

    the estate owner in respect of the fee simple in the building or part; or

    (b)

    entitled to a tenancy of the building or part granted or extended for a term of years certain of which not less than seven years remain unexpired;

  • relevant local planning authority ”, in relation to a listed building, means a local planning authority in whose area the building or any part of the building is situated.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Ss. 7-29 applied (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))

26B Heritage partnership agreements: supplementalE+W

(1)A heritage partnership agreement—

(a)must be in writing;

(b)must make provision for the parties to review its terms at intervals specified in the agreement;

(c)must make provision for its termination and variation;

(d)may relate to more than one listed building or part, provided that in each case a relevant local planning authority and an owner are parties to the agreement; and

(e)may contain incidental and consequential provisions.

(2)The Secretary of State may by regulations make provision—

(a)about any consultation that must take place before heritage partnership agreements are made or varied;

(b)about the publicity that must be given to heritage partnership agreements before or after they are made or varied;

(c)specifying terms that must be included in heritage partnership agreements;

(d)enabling the Secretary of State or any other person specified in the regulations to terminate by order a heritage partnership agreement or any provision of such an agreement;

(e)about the provision that may be included in an order made under regulations under paragraph (d), including provision enabling such orders to contain supplementary, incidental, transitory, transitional or saving provision;

(f)applying or reproducing, with or without modifications, any provision of sections 10 to 26 and 28 for the purposes of heritage partnership agreements;

(g)providing for any of the following, as they apply for the purposes of provisions mentioned in paragraph (f), to apply with any modifications consequential on provision made under that paragraph—

(i)sections 30 to 37;

(ii)sections 62 and 63;

(iii)Parts 3 and 4;

(iv)Schedule 3.

(3)Regulations made under subsection (2)(a) may, in particular, include provision as to—

(a)the circumstances in which consultation must take place;

(b)the types of listed building in respect of which consultation must take place;

(c)who must carry out the consultation;

(d)who must be consulted (including provision enabling the Commission to direct who is to be consulted in particular cases); and

(e)how the consultation must be carried out.

(4)Listed building consent granted by a heritage partnership agreement (except so far as the agreement or regulations under subsection (2) otherwise provide) enures for the benefit of the building and of all persons for the time being interested in it.

(5)Subject to subsection (4), a heritage partnership agreement cannot impose any obligation or liability, or confer any right, on a person who is not party to the agreement.

(6)Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenant) does not apply to a heritage partnership agreement.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1Ss. 7-29 applied (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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