SCHEDULES
SCHEDULE 3 Listed Buildings, Conservation Areas and Hazardous Substances
Part I Changes relating to enforcement
Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
I14
For section 41(1) and (2) (power to correct or vary enforcement notice on appeal) there is substituted—
1
On an appeal under section 39 the Secretary of State may—
a
correct any defect, error or misdescription in the listed building enforcement notice; or
b
vary the terms of the listed building enforcement notice,
if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.
2
Where the Secretary of State determines to allow the appeal, he may quash the notice.
2A
The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.