- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Where a local planning authority—
(a)refuse an application for listed building consent or grant it subject to conditions;
(b)refuse an application for the variation or discharge of conditions subject to which such consent has been granted or grant it and add new conditions; or
(c)refuse an application for approval required by a condition imposed on the granting of listed building consent with respect to details of works or grant it subject to conditions,
the applicant, if aggrieved by the decision, may appeal to the Secretary of State.
(2)A person who has made such an application may also appeal to the Secretary of State if the local planning authority have neither—
(a)given notice to the applicant of their decision on the application; nor
(b)in the case of such an application as is mentioned in paragraph (a) or (b) of subsection (1), given notice to the applicant that the application has been referred to the Secretary of State in accordance with directions given under section 12,
within the relevant period from the date of the receipt of the application, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.
(3)In this section “the relevant period” means—
(a)in the case of such an application as is mentioned in paragraph (a) or (b) of subsection (1), such period as may be prescribed; and
(b)in the case of such an application for approval as is mentioned in paragraph (c) of subsection (1), the period of eight weeks from the date of the receipt of the application.
(4)For the purposes of the application of sections 22(1) and 63(7)(b) in relation to an appeal under subsection (2) it shall be assumed that the authority decided to refuse the application in question.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: