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Planning (Listed Buildings and Conservation Areas) Act 1990

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  • s. 66(1) applied (Isles of Scilly) (with modifications) by S.I. 2013/2148 art. 3 Sch. 1 (Words “83, 84,” in 1990 c. 9, s. 92(2)(a) repealed (7.6.2006) by 2004 c. 5, Sch. 9; S.I. 2006/1281, art. 2(f)(iv))
  • s. 66(1) words inserted by 2016 c. 22 Sch. 12 para. 42(1)
  • s. 66(2) applied (Isles of Scilly) (with modifications) by S.I. 2013/2148 art. 3 Sch. 1 (Words “83, 84,” in 1990 c. 9, s. 92(2)(a) repealed (7.6.2006) by 2004 c. 5, Sch. 9; S.I. 2006/1281, art. 2(f)(iv))

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66 General duty as respects listed buildings in exercise of planning functions.E+W

(1)In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

(2)Without prejudice to section 72, in the exercise of the powers of appropriation, disposal and development (including redevelopment) conferred by the provisions of sections 232, 233 and 235(1) of the principal Act, a local authority shall have regard to the desirability of preserving features of special architectural or historic interest, and in particular, listed buildings.

(3)The reference in subsection (2) to a local authority includes a reference to a joint planning board F1. . .

[F2(4)Nothing in this section applies in relation to neighbourhood development orders.]

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Amendments (Textual)

F1Words in s. 66(3) repealed (1.4.1997) by 1995 c. 25, ss. 120(3), Sch. 24 (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2, Sch.

F2S. 66(4) inserted (15.11.2011 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes, 6.4.2013 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2)(5)(j), Sch. 12 para. 25 (with s. 144); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4); S.I. 2013/797, arts 1(2), 2

Modifications etc. (not altering text)

C1Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art. 3.

C2S. 66(1) excluded by S.I. 1990/1519, reg. 12, Sch. 3

C4S. 66(2) extended (19.9.1995) by 1995 c. 25, ss. 65(7), 125(2), Sch. 8 para. 2(4)(with ss. 7(6), 115, 117, Sch. 8 para. 7)

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