Search Legislation

Enterprise and Regulatory Reform Act 2013

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Enterprise and Regulatory Reform Act 2013, Section 60. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

60Listed buildings in England: agreements and orders granting listed building consentE+W

This section has no associated Explanatory Notes

(1)The Planning (Listed Buildings and Conservation Areas) Act 1990 is amended as follows.

(2)In Chapter 2 of Part 1, after section 26 insert—

Buildings in England: heritage partnership agreementsE+W
26AHeritage partnership agreements

(1)A relevant local planning authority may make an agreement under this section (a “heritage partnership agreement”) with any owner of a listed building, or a part of such a building, situated in England.

(2)Any of the following may also be a party to a heritage partnership agreement in addition to an owner and the relevant local planning authority—

(a)any other relevant local planning authority;

(b)the Secretary of State;

(c)the Commission;

(d)any person who has an interest in the listed building;

(e)any occupier of the listed building;

(f)any person involved in the management of the listed building;

(g)any other person who appears to the relevant local planning authority appropriate as having special knowledge of, or interest in, the listed building, or in buildings of architectural or historic interest more generally.

(3)A heritage partnership agreement may contain provision—

(a)granting listed building consent under section 8(1) in respect of specified works for the alteration or extension of the listed building to which the agreement relates, and

(b)specifying any conditions to which the consent is subject.

(4)The conditions to which listed building consent may be subject under subsection (3)(b) in respect of specified works are those that could be attached to listed building consent in respect of the works if consent were to be granted under section 16.

(5)If a heritage partnership agreement contains provision under subsection (3), nothing in sections 10 to 26 and 28 applies in relation to listed building consent for the specified works, subject to any regulations under section 26B(2)(f).

(6)A heritage partnership agreement may also—

(a)specify or describe works that would or would not, in the view of the parties to the agreement, affect the character of the listed building as a building of special architectural or historic interest;

(b)make provision about the maintenance and preservation of the listed building;

(c)make provision about the carrying out of specified work, or the doing of any specified thing, in relation to the listed building;

(d)provide for public access to the listed building and the provision to the public of associated facilities, information or services;

(e)restrict access to, or use of, the listed building;

(f)prohibit the doing of any specified thing in relation to the listed building;

(g)provide for a relevant public authority to make payments of specified amounts and on specified terms—

(i)for, or towards, the costs of any works provided for under the agreement; or

(ii)in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.

(7)For the purposes of subsection (6)(g), each of the following, if a party to the agreement, is a relevant public authority—

(a)the Secretary of State;

(b)the Commission;

(c)a relevant local planning authority.

(8)In this section “specified” means specified or described in the heritage partnership agreement.

(9)In this section and section 26B—

  • owner”, in relation to a listed building or a part of such a building, means a person who is for the time being —

    (a)

    the estate owner in respect of the fee simple in the building or part; or

    (b)

    entitled to a tenancy of the building or part granted or extended for a term of years certain of which not less than seven years remain unexpired;

  • relevant local planning authority”, in relation to a listed building, means a local planning authority in whose area the building or any part of the building is situated.

26BHeritage partnership agreements: supplemental

(1)A heritage partnership agreement—

(a)must be in writing;

(b)must make provision for the parties to review its terms at intervals specified in the agreement;

(c)must make provision for its termination and variation;

(d)may relate to more than one listed building or part, provided that in each case a relevant local planning authority and an owner are parties to the agreement; and

(e)may contain incidental and consequential provisions.

(2)The Secretary of State may by regulations make provision—

(a)about any consultation that must take place before heritage partnership agreements are made or varied;

(b)about the publicity that must be given to heritage partnership agreements before or after they are made or varied;

(c)specifying terms that must be included in heritage partnership agreements;

(d)enabling the Secretary of State or any other person specified in the regulations to terminate by order a heritage partnership agreement or any provision of such an agreement;

(e)about the provision that may be included in an order made under regulations under paragraph (d), including provision enabling such orders to contain supplementary, incidental, transitory, transitional or saving provision;

(f)applying or reproducing, with or without modifications, any provision of sections 10 to 26 and 28 for the purposes of heritage partnership agreements;

(g)providing for any of the following, as they apply for the purposes of provisions mentioned in paragraph (f), to apply with any modifications consequential on provision made under that paragraph—

(i)sections 30 to 37;

(ii)sections 62 and 63;

(iii)Parts 3 and 4;

(iv)Schedule 3.

(3)Regulations made under subsection (2)(a) may, in particular, include provision as to—

(a)the circumstances in which consultation must take place;

(b)the types of listed building in respect of which consultation must take place;

(c)who must carry out the consultation;

(d)who must be consulted (including provision enabling the Commission to direct who is to be consulted in particular cases); and

(e)how the consultation must be carried out.

(4)Listed building consent granted by a heritage partnership agreement (except so far as the agreement or regulations under subsection (2) otherwise provide) enures for the benefit of the building and of all persons for the time being interested in it.

(5)Subject to subsection (4), a heritage partnership agreement cannot impose any obligation or liability, or confer any right, on a person who is not party to the agreement.

(6)Section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenant) does not apply to a heritage partnership agreement.

(3)After section 26B insert—

Buildings in England: orders granting listed building consentE+W
26CListed building consent orders

(1)The Secretary of State may by order (a “listed building consent order”) grant listed building consent under section 8(1) in respect of works of any description for the alteration or extension of listed buildings of any description in England.

(2)The consent may be granted subject to conditions specified in the order.

(3)Without prejudice to the generality of subsection (2), the conditions that may be specified include any conditions subject to which listed building consent may be granted under section 16.

(4)A listed building consent order may (without prejudice to section 17(2)) give the local planning authority power to require details of works to be approved by them, and may grant consent subject to conditions with respect to—

(a)the making of an application to the authority for a determination as to whether such approval is required, and

(b)the outcome of such an application or the way it is dealt with.

(5)A listed building consent order may enable the Secretary of State or the local planning authority to direct that consent granted by the order does not apply—

(a)to a listed building specified in the direction;

(b)to listed buildings of a description specified in the direction;

(c)to listed buildings in an area specified in the direction.

(6)An order may in particular make provision about the making, coming into force, variation and revocation of such a direction, including provision conferring powers on the Secretary of State in relation to directions by a local planning authority.

(7)Nothing in sections 10 to 26 applies in relation to listed building consent granted by a listed building consent order; but that does not affect the application of sections 20, 21 and 22 in relation to an application for approval required by a condition to which consent is subject.

26DLocal listed building consent orders

(1)A local planning authority for any area in England may by order (a “local listed building consent order”) grant listed building consent under section 8(1) in respect of works of any description for the alteration or extension of listed buildings.

(2)Regulations under this Act may provide that subsection (1) does not apply to listed buildings of any description or in any area.

(3)The consent granted by a local listed building consent order may relate—

(a)to all listed buildings in the area of the authority or any part of that area;

(b)to listed buildings of any description in that area or any part of that area.

(4)The consent may be granted subject to conditions specified in the order.

(5)Without prejudice to the generality of subsection (4), the conditions that may be specified include any subject to which listed building consent may be granted under section 16.

(6)A local listed building consent order may enable the local planning authority to direct that the consent granted by the order in respect of works of any description does not apply—

(a)to a listed building specified in the direction;

(b)to listed buildings of a description specified in the direction;

(c)to listed buildings in an area specified in the direction.

(7)An order may in particular make provision about the making, coming into force, variation and revocation of such a direction, including provision conferring powers on the Secretary of State.

(8)Nothing in sections 10 to 26 applies in relation to listed building consent granted by a local listed building consent order; but that does not affect the application of sections 20, 21 and 22 in relation to an application for approval required by a condition to which consent is subject.

(9)Schedule 2A makes provision in connection with local listed building consent orders.

26EPowers of Secretary of State in relation to local orders

(1)At any time before a local listed building consent order is adopted by a local planning authority the Secretary of State may direct that the order (or any part of it) is not to be adopted without the Secretary of State's approval.

(2)If the Secretary of State gives a direction under subsection (1)—

(a)the authority must not take any step in connection with the adoption of the order until they have submitted the order or the part to the Secretary of State and the Secretary of State has decided whether to approve it;

(b)the order has no effect unless it (or the part) has been approved by the Secretary of State.

(3)In considering an order or part submitted under subsection (2)(a) the Secretary of State may take account of any matter the Secretary of State thinks relevant.

(4)It is immaterial whether any such matter was taken account of by the local planning authority.

(5)The Secretary of State—

(a)may approve or reject an order or part of an order submitted under subsection (2)(a);

(b)must give reasons for that decision.

(6)The Secretary of State—

(a)may at any time before a local listed building consent order is adopted by the local planning authority, direct them to modify it in accordance with the direction;

(b)must give reasons for any such direction.

(7)The local planning authority—

(a)must comply with a direction under subsection (6);

(b)must not adopt the order unless the Secretary of State gives notice of being satisfied that they have complied with the direction.

(8)The Secretary of State—

(a)may at any time by order revoke a local listed building consent order if of the opinion that it is expedient to do so;

(b)must give reasons for doing so.

(9)The Secretary of State—

(a)must not make an order under subsection (8) without consulting the local planning authority;

(b)if proposing to make such an order, must serve notice on the local planning authority.

(10)A notice under subsection (9)(b) must specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(11)The Secretary of State must give the authority such an opportunity if they require it within the period specified in the notice.

26FConsiderations in making orders

(1)In considering whether to make a listed building consent order or local listed building consent order the Secretary of State or local planning authority must have special regard to the desirability of preserving—

(a)listed buildings of a description to which the order applies,

(b)their setting, or

(c)any features of special architectural or historic interest which they possess.

(2)Before making a listed building consent order the Secretary of State must consult the Commission.

26GEffect of revision or revocation of order on incomplete works

(1)A listed building consent order or local listed building consent order may include provision permitting the completion of works if—

(a)listed building consent is granted by the order in respect of the works, and

(b)the listed building consent is withdrawn after the works are started but before they are completed.

(2)Listed building consent granted by an order is withdrawn—

(a)if the order is revoked;

(b)if the order is varied or (in the case of a local listed building consent order) revised so that it ceases to grant listed building consent in respect of the works or materially changes any condition or limitation to which the grant of listed building consent is subject;

(c)if a direction applying to the listed building is issued under powers conferred under section 26C(5) or 26D(6).

(4)After section 28 insert—

28ACompensation where consent formerly granted by order is granted conditionally or refused

(1)Section 28 also has effect (subject to subsections (2) and (3)) where—

(a)listed building consent granted by a listed building consent order or a local listed building consent order is withdrawn (whether by the revocation or amendment of the order or by the issue of a direction), and

(b)on an application for listed building consent made within the prescribed period after the withdrawal, consent for works formerly authorised by the order is refused or is granted subject to conditions other than those imposed by the order.

(2)Section 28 does not have effect by virtue of subsection (1) if—

(a)the works authorised by the order were started before the withdrawal, and

(b)the order included provision in pursuance of section 26G permitting the works to be completed after the withdrawal.

(3)Section 28 does not have effect by virtue of subsection (1) if—

(a)notice of the withdrawal was published in the prescribed manner and within the prescribed period before the withdrawal, and

(b)the works authorised by the order were not started before the notice was published.

(4)Where section 28 has effect by virtue of subsection (1), references in section 28(2) and (3) to the revocation or modification of listed building consent are references to the withdrawal of the listed building consent by revocation or amendment of the order or by issue of the direction.

(5)Schedule 16 (which inserts Schedule 2A to the Planning (Listed Buildings and Conservation Areas) Act 1990) has effect.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 60 partly in force; s. 60 in force for specified purposes at Royal Assent, see s. 103(1)(i)

I2S. 60 in force at 6.4.2014 in so far as not already in force by S.I. 2014/416, art. 3(a)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources