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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 10 is up to date with all changes known to be in force on or before 19 October 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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10 Making of applications for listed building consent.E+W

(1)Except as provided in sections 12 to 15, an application for listed building consent shall be made to and dealt with by the local planning authority.

(2)Such an application F1. . . shall contain—

(a)sufficient particulars to identify the building to which it relates, including a plan;

(b)such other plans and drawings as are necessary to describe the works which are the subject of the application; and

(c)such other particulars as may be required by the authority.

(3)Provision may be made by regulations under this Act with respect to—

[F2(a)the form and manner in which such applications are to be made;

(aa)particulars of such matters as are to be included in such applications;

(ab)the documents or other materials as are to accompany such applications;]

[F3(b)requirements as to publicity in relation to such applications;]

(c)the time within which they are to be dealt with by local planning authorities or, as the case may be, by the Secretary of State.

[F4(d)requirements as to consultation in relation to such applications;

(e)prohibiting the determination of such applications during such period as is prescribed;

(f)requirements on the local planning authority to take account of responses from persons consulted.]

[F5(4)The regulations must require that an application for listed building consent of such description as is prescribed must be accompanied by such of the following as is prescribed—

(a)a statement about the design principles and concepts that have been applied to the works;

(b)a statement about how issues relating to access to the building have been dealt with.

(5)The form and content of a statement mentioned in subsection (4) is such as is prescribed.]

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Amendments (Textual)

F1Words in s. 10(2) repealed (6.8.2004 for specified purposes, otherwise prosp.) and omitted (6.8.2004 for specified purposes, otherwise 10.8.2006 for E. and 30.6.2007 for W.) by virtue of Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(6), 120, 121(1), Sch. 9; S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3(a) (with art. 4 (which art. 4 is revoked (11.2.2010) by S.I. 2010/321, art. 3)); S.I. 2007/1369, art. 2(a) (with art. 3 (as amended (11.2.2010) by S.I. 2010/321, art. 4))

F2S. 10(3)(a)-(ab) substituted for s. 10(3)(a) (6.8.2004 for specified purposes, otherwise 10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(7), 121(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3(a) (with art. 4 (which art. 4 is revoked (11.2.2010) by S.I. 2010/321, art. 3)); S.I. 2007/1369, art. 2(a) (with art. 3 (as amended (11.2.2010) by S.I. 2010/321, art. 4))

F3S. 10(3)(b) substituted (6.8.2004 for specified purposes, otherwise 28.9.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118(1), 121(1), Sch. 6 para. 20(a) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2004/2202, art. 3(e) (with art. 4, Sch. 2)

F4S. 10(3)(d)-(f) inserted (6.8.2004 for specified purposes, otherwise 28.9.2004) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 118(1), 121(1), Sch. 6 para. 20(b) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2004/2202, art. 3(e)

F5S. 10(4)(5) inserted (6.8.2004 for specified purposes, otherwise 10.8.2006 for E. and 30.6.2007 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(8), 121(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3(a) (with art. 4 (which art. 4 is revoked (11.2.2010) by S.I. 2010/321, art. 3)); S.I. 2007/1369, art. 2(a) (with art. 3 (as amended (11.2.2010) by S.I. 2010/321, art. 4))

Modifications etc. (not altering text)

C1Ss. 9–12 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

C2S. 10 modified (1.1.1993) by S.I. 1992/3138, reg. 3(2), Sch. 1para. 1

C4Ss. 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))

C5S. 10 applied (with modifications) by S.I. 2013/2140, Sch. 3 para. 2 (as inserted (E.) (1.10.2014) by The Town and Country Planning (Development Management Procedure and Section 62A Applications) (England) (Amendment) Order 2014 (S.I. 2014/1532), arts. 1(1), 8)

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