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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 89 is up to date with all changes known to be in force on or before 15 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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89 Application of certain general provisions of principal Act.E+W

(1)[F1Subject to subsections (1A) and (2),] the following provisions of the principal Act shall apply for the purposes of this Act as they apply for the purposes of that Act, namely—

  • [F2sections 319ZA to 319ZD (Wales: discharge of functions of local planning authority relating to applications),]

  • section 320 (local inquiries),

  • [F3section 322 (orders as to costs of parties where no inquiry held [F4: England])],

  • section [F5322A (orders as to costs: supplementary)],

  • [F6section 322C (costs: Wales),]

  • 323 (procedure on certain appeals and applications [F7: England]),

  • [F8section 323A (procedure for certain proceedings: Wales]

  • [F9section 327A (compliance with requirements relating to applications),]

  • section 329 (service of notices),

  • [F10section 329A(1) and (2) (service of notices on the Crown)]

  • section 330 (power to require information as to interests in land),

  • [F11section 330A(1) to (4) (information as to interests in Crown land)]

  • section 331 (offences by corporations).

[F12(1ZB )F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F14(1A)[F15In the case of a building situated in England,] subsection (1)(cc) of section 329 of that Act shall not apply to—

(a)service of a building preservation notice;

(b)service of a copy of a listed building enforcement notice by a planning authority;

(c)giving of notice under section 38 of this Act of the exercise of powers conferred by subsection (5) of that section; or

(d)service of a listed building enforcement notice issued by the Secretary of State.]

(2)Section 331 of that Act shall not apply to offences under section 59 of this Act.

[F16(3)In the application of section 330 by virtue of this section, references to a local authority include the Commission.]

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Amendments (Textual)

F2Words in s. 89(1) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 39(3), 58(2)(b)(4)(b); S.I. 2017/546, art. 3(a)

F3Words from “section 322” to “held)” omitted (temp.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 11 (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))

F4Words in s. 89(1) 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. 21(2)(a); S.I. 2016/52, art. 4(f) (with art. 17)

F5Words in s. 89(1) inserted (2.1.1992 subject to saving in S.I. 1991/2728, art. 4) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 30(2); S.I. 1991/2728, arts. 3, 4

F6Entry in s. 89(1) 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. 21(2)(b); S.I. 2016/52, art. 4(f) (with art. 17)

F7Words in s. 89(1) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 21(2)(c); S.I. 2017/546, art. 3(e)

F8Words in s. 89(1) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 21(2)(d); S.I. 2017/546, art. 3(e)

F9S. 89(1): entry inserted (6.8.2004 for specified purposes, 10.8.2006 for remaining purposes for E., and 30.6.2007 for remaining purposes for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 42(9), 121(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1061, art. 3(a); S.I. 2007/1369, art. 2(a)

F13S. 89(1ZB) omitted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by virtue of Planning (Wales) Act 2015 (anaw 4), s. 58(2)(b)(4)(b), Sch. 5 para. 21(3); S.I. 2017/546, art. 3(e)

F15Words in s. 89(1A) inserted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 32, 41(2)

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