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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: Control of works in respect of listed buildings is up to date with all changes known to be in force on or before 21 June 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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Control of works in respect of listed buildingsE+W

7 Restriction on works affecting listed buildings.E+W

[F1(1)]Subject to the following provisions of this Act, no person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised [F2under section 8].

[F3(2)Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).]

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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.

Amendments (Textual)

F1S. 7 renumbered as s. 7(1) (1.3.2010) by virtue of Planning Act 2008 (c. 29), ss. 36, 241(8), Sch. 2 para. 39(2) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F2Words in S. 7(1) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241(8), Sch. 2 para. 39(3) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

Modifications etc. (not altering text)

C1Ss. 7, 8 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

C2S. 7 excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 paras. 1(1)(3), 2(1)(a)

S. 7 applied (18.12.1996) by 1996 c. 61, s. 12, Sch. 8 paras. 1(5), 2(5)

S. 7 restricted (1.10.1994) by S.I. 1994/1771, art. 5(5)

C5Ss. 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))

8 Authorisation of works: listed building consent. E+W

(1)Works for the alteration or extension of a listed building are authorised if—

(a)written consent for their execution has been granted by the local planning authority or the Secretary of State; and

(b)they are executed in accordance with the terms of the consent and of any conditions attached to it.

(2)Works for the demolition of a listed building are authorised if—

(a)such consent has been granted for their execution;

(b)notice of the proposal to execute the works has been given to the Royal Commission;

(c)after such notice has been given either—

(i)for a period of at least one month following the grant of such consent, and before the commencement of the works, reasonable access to the building has been made available to members or officers of the Royal Commission for the purpose of recording it; or

(ii)the Secretary of the Royal Commission, or another officer of theirs with authority to act on their behalf for the purposes of this section, has stated in writing that they have completed their recording of the building or that they do not wish to record it; and

(d)the works are executed in accordance with the terms of the consent and of any conditions attached to it.

(3)Where—

(a)works for the demolition of a listed building or for its alteration or extension are executed without such consent; and

(b)written consent is granted by the local planning authority or the Secretary of State for the retention of the works,

the works are authorised from the grant of that consent.

(4)In this section “the Royal Commission” means—

(a)in relation to England, the Royal Commission on the Historical Monuments of England; and

(b)in relation to Wales, the Royal Commission on Ancient and Historical Monuments in Wales.

(5)The Secretary of State may by order provide that subsection (2) shall have effect with the substitution for the references to the Royal Commission of references to such other body as may be so specified.

(6)Such an order—

(a)shall apply in the case of works executed or to be executed on or after such date as may be specified in the order; and

(b)may apply in relation to either England or Wales, or both.

(7)Consent under subsection (1), (2) or (3) is referred to in this Act as “listed building consent”.

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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)

C5Ss. 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))

C7Ss. 7, 8 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

C8S. 8 restricted (1.10.1994) by S.I. 1994/1771, art. 5(5)

C10S. 8(2) amended (E.) (19.2.2001) by S.I. 2001/24, art. 2

9 Offences. E+W

(1)If a person contravenes section 7 he shall be guilty of an offence.

(2)Without prejudice to subsection (1), if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent, he shall be guilty of an offence.

(3)In proceedings for an offence under this section it shall be a defence to prove the following matters—

(a)that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building;

(b)that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter;

(c)that the works carried out were limited to the minimum measures immediately necessary; and

(d)that notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable.

[F4(3A)In proceedings for an offence under this section in relation to a building on which interim protection is conferred (which is, as a result of section 2B(2), treated as a listed building)—

(a)it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, that interim protection had been conferred on the building; and

(b)where the defence is raised by a person on whom a notice should have been served under section 2A(2), it is for the prosecution to prove that the notice was served on that person.]

F5[(4)A person who is guilty of an offence under this section shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or [F6a fine], or both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or a fine, or both.]

(5)In determining the amount of any fine to be imposed on a person convicted F7 . . . of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

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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.

Amendments (Textual)

F4S. 9(3A) inserted (21.3.2016 for specified purposes, 31.5.2017 in so far as not already in force) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 24(2), 41(1)(c)(3); S.I. 2017/633, art. 5(c) (with art. 6(2))

Modifications etc. (not altering text)

C5Ss. 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))

C11Ss. 9–12 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

C12S. 9 restricted (1.10.1994) by S.I. 1994/1771, art. 5(5)

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