Planning (Listed Buildings and Conservation Areas) Act 1990

89 Application of certain general provisions of principal Act. E+W

(1) [F1 Subject 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—

• section 320 (local inquiries),

• [F2 section 322 (orders as to costs of parties where no inquiry held)],

• section [F3 322A (orders as to costs: supplementary)] 323 (procedure on certain appeals and applications),

• [F4 section 327A (compliance with requirements relating to applications),]

• section 329 (service of notices),

• [F5 section 329A(1) and (2) (service of notices on the Crown)]

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

• [F6 section 330A(1) to (4) (information as to interests in Crown land)]

• section 331 (offences by corporations).

[F7 (1A) 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.

[F8 (3) In the application of section 330 by virtue of this section, references to a local authority include the Commission.]

Textual Amendments

F1 Words in s. 89(1) substituted for E. (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), arts. 1(1), 8(2); and those same words substituted for W. (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156), art. 8(2) (with art. 14)

F2 Words 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))

F3 Words 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

F4 S. 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)

F5 S. 89(1): entry inserted (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79(4), 121(1), Sch. 3 para. 19(2) (with s. 111); S.I. 2006/1281, art. 2(c)

F6 S. 89(1): entry inserted (7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 79(4), 121(1), Sch. 3 para. 19(3) (with s. 111); S.I. 2006/1281, art. 2(c)

F7 S. 89(1A) inserted for E. (31.3.2003) by The Town and Country Planning (Electronic Communications) (England) Order 2003 (S.I. 2003/956), art. 8(3); and that same sub-section inserted for W. (1.1.2005) by The Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156), art. 8(3) (with art. 14)

F8 S. 89(3) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 29(2); S.I. 1991/2067, art. 3