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Planning (Listed Buildings and Conservation Areas) Act 1990

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Planning (Listed Buildings and Conservation Areas) Act 1990, Section 6 is up to date with all changes known to be in force on or before 14 August 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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6(1)Whether or not the parties to an appeal have asked for an opportunity to appear and be heard, an appointed person—E+W

(a)may hold a local inquiry in connection with the appeal; and

(b)shall do so if the Secretary of State so directs.

[F1(1B)Sub-paragraph (1) does not apply in the case of an appeal to which section 88E applies, but an appointed person may hold a hearing or local inquiry in connection with such an appeal pursuant to a determination under that section.]

(2)Where an appointed person—

(a)holds a hearing by virtue of paragraph 2(4) [F2or this paragraph]; or

(b)holds an inquiry by virtue of this paragraph,

an assessor may be appointed by the Secretary of State to sit with the appointed person at the hearing or inquiry to advise him on any matters arising, notwithstanding that the appointed person is to determine the appeal.

(3)Subject to sub-paragraph (4), the costs of any such hearing or inquiry shall be paid by the Secretary of State.

(4)Section 250(2) to (5) of the M1Local Government Act 1972 (local inquiries: evidence and costs) applies to an inquiry held by virtue of this paragraph [F3in England] with the following adaptations—

(a)for the references in subsection (4) (recovery of costs of holding the inquiry) to the Minister causing the inquiry to be held, there shall be substituted references to the Secretary of State; and

(b)for the reference in subsection (5) (orders as to the costs of the parties) to the Minister causing the inquiry to be held, there shall be substituted a reference to the appointed person or the Secretary of State.

[F4(4A)Subsections (2) and (3) of that section apply to an inquiry held under this paragraph in Wales.]

(5)Subject to sub-paragraph (6), at any [F5inquiry held by virtue of this paragraph] oral evidence shall be heard in public and documentary evidence shall be open to public inspection.

(6)If the Secretary of State is satisfied in the case of any such inquiry—

(a)that giving evidence of a particular description or, as the case may be, making it available for inspection would be likely to result in the disclosure of information as to any of the matters mentioned in sub-paragraph (7); and

(b)that the public disclosure of that information would be contrary to the national interest,

he may direct that evidence of the description indicated in the direction shall only be heard or, as the case may be, open to inspection at that inquiry by such persons or persons of such descriptions as he may specify in that direction.

(7)The matters referred to in sub-paragraph (6)(a) are—

(a)national security; and

(b)the measures taken or to be taken to ensure the security of any premises or property.

[F6(8) The appointed person or the Secretary of State has the same power to make orders under section 250(5) of the M2 Local Government Act 1972 (orders with respect to costs of the parties) in relation to proceedings [F7in England] under this Schedule which do not give rise to an inquiry as he has in relation to such an inquiry.]

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Amendments (Textual)

F3Words in Sch. 3 para. 6(4) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 22(a); S.I. 2016/52, art. 4(g) (with art. 17)

F4Sch. 3 para. 6(4A) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 22(b); S.I. 2016/52, art. 4(g) (with art. 17)

F5Words in Sch. 3 para. 6(5) substituted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 22(c); S.I. 2016/52, art. 4(g) (with art. 17)

F6Sch. 3 para. 6(8) omitted (temp.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 12 (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))

F7Words in Sch. 3 para. 6(8) inserted (6.9.2015 for specified purposes, 1.3.2016 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 22(d); S.I. 2016/52, art. 4(g) (with art. 17)

Modifications etc. (not altering text)

C1Sch. 3 para. 6(6): functions made exercisable by the Assembly concurrently with the Secretary of State (1.7.1999) by S.I. 1999/672, art. 2, Sch.

C2Sch. 3 para. 6(6) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

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