Planning (Listed Buildings and Conservation Areas) Act 1990

1. Introductory Text

2. Part I Listed Buildings

   1. Chapter 1 Listing of special buildings

      1. 1. Listing of buildings of special architectural or historic interest.

      2. 2. Publication of lists.

      3. 2A. Duty to consult on certain changes to lists

      4. 2B. Interim protection pending certain listing decisions

      5. 2C. Provisions applicable on lapse of interim protection

      6. 2D. Review of certain listing decisions

      7. 3. Temporary listing in England: building preservation notices.

      8. 3A. Temporary listing in Wales: building preservation notices

      9. 4. Temporary listing in urgent cases.

      10. 5. Provisions applicable on lapse of building preservation notice.

      11. 6. Issue of certificate that building not intended to be listed: England.

      12. 6A. Issue of certificate that building not intended to be listed: Wales

   2. Chapter II Authorisation of works affecting listed buildings

      1. Control of works in respect of listed buildings

         1. 7. Restriction on works affecting listed buildings.

         2. 8. Authorisation of works: listed building consent.

         3. 9. Offences.

      2. Applications for listed building consent

         1. 10. Making of applications for listed building consent.

         2. 11. Certificates as to applicant’s status etc.

         3. 12. Reference of certain applications to Secretary of State.

         4. 13. Duty to notify Secretary of State of applications.

         5. 14. Duty of London borough councils to notify Commission.

         6. 15. Directions concerning notification of applications etc.

         7. 16. Decision on application.

      3. Grant of consent subject to conditions

         1. 17. Power to impose conditions on grant of listed building consent.

         2. 18. Limit of duration of listed building consent.

         3. 18A. Extension of duration of certain listed building consent

         4. 19. Application for variation or discharge of conditions.

      4. Appeals

         1. 20. Right to appeal against decision or failure to take decision.

         2. 20A. Appeal made: functions of local planning authorities

         3. 21. Appeals: supplementary provisions.

         4. 22. Determination of appeals.

      5. Revocation and modification of consent

         1. 23. Revocation and modification of listed building consent by local planning authority.

         2. 24. Procedure for s. 23 orders: opposed cases.

         3. 25. Procedure for s. 23 orders: unopposed cases.

         4. 26. Revocation and modification of listed building consent by the Secretary of State.

      6. Buildings in England: heritage partnership agreements

         1. 26A. Heritage partnership agreements

         2. 26B. Heritage partnership agreements: supplemental

      7. Buildings in England: orders granting listed building consent

         1. 26C. Listed building consent orders

         2. 26D. Local listed building consent orders

         3. 26E. Powers of Secretary of State in relation to local orders

         4. 26F. Considerations in making orders

         5. 26G. Effect of revision or revocation of order on incomplete works

      8. Buildings in England: certificates of lawfulness

         1. 26H. Certificate of lawfulness of proposed works

         2. 26I. Certificates under section 26H: supplementary

         3. 26J. Offences

         4. 26K. Appeals against refusal or failure to give decision on application

      9. Buildings in Wales: heritage partnership agreements

         1. 26L. Heritage partnership agreements

         2. 26M. Heritage partnership agreements: supplemental

   3. Chapter III Rights of Owners etc.

      1. Compensation

         1. 27. Compensation for refusal of consent to alteration, etc. of listed building.

         2. 28. Compensation where listed building consent revoked or modified.

         3. 28A. Compensation where consent formerly granted by order is granted conditionally or refused

         4. 28B. Compensation for loss or damage caused by interim protection

         5. 29. Compensation for loss or damage in Wales caused by service of building preservation notice.

         6. 30. Local planning authorities for compensation purposes.

         7. 31. General provisions as to compensation for depreciation under this Part.

      2. Listed building purchase notices

         1. 32. Purchase notice on refusal or conditional grant of listed building consent.

         2. 32A. Purchase notices: Crown land

         3. 33. Action by council on whom listed building purchase notice served.

         4. 34. Procedure on reference of listed building purchase notice to Secretary of State.

         5. 35. Action by Secretary of State in relation to listed building purchase notice.

         6. 36. Effect of Secretary of State’s action in relation to listed building purchase notice.

         7. 37. Reduction of compensation on acquisition where s. 28 compensation payable.

   4. Chapter IV Enforcement

      1. 38. Power to issue listed building enforcement notice.

      2. 39. Appeal against listed building enforcement notice.

      3. 40. Appeals: supplementary provisions.

      4. 41. Determination of appeals under s. 39.

      5. 42. Execution of works required by listed building enforcement notice.

      6. 43. Offence where listed building enforcement notice not complied with.

      7. 44. Effect of listed building consent on listed building enforcement notice.

      8. 44A. Injunctions.

      9. 44AA. Temporary stop notices in England

      10. 44AB. Temporary stop notices in England: offence

      11. 44AC. Temporary stop notices in England: compensation

      12. 44B. Temporary stop notices in Wales

      13. 44C. Temporary stop notices in Wales: offence

      14. 44D. Temporary stop notices in Wales: compensation

      15. 45. Commission to have concurrent enforcement functions in London.

      16. 46. Enforcement by the Secretary of State.

   5. Chapter V Prevention of Deterioration and Damage

      1. Compulsory acquisition of listed building in need of repair

         1. 47. Compulsory acquisition of listed building in need of repair.

         2. 48. Repairs notice as preliminary to acquisition under s. 47.

         3. 49. Compensation on compulsory acquisition of listed building.

         4. 50. Minimum compensation in case of listed building deliberately left derelict.

         5. 51. Ending of rights over land compulsorily acquired.

      2. Acquisition by agreement

         1. 52. Acquisition of land by agreement.

      3. Management of acquired buildings

         1. 53. Management of listed buildings acquired under this Act.

      4. Urgent preservation

         1. 54. Urgent works to preserve ... listed buildings.

         2. 55. Recovery of expenses of works under s. 54.

         3. 56. Dangerous structure orders in respect of listed buildings.

      5. Grants for repair and maintenance

         1. 57. Power of local authority to contribute to preservation of listed buildings etc.

         2. 58. Recovery of grants under s. 57.

      6. Damage to listed buildings

         1. 59. Acts causing or likely to result in damage to listed buildings.

   6. Chapter VI Miscellaneous and Supplemental

      1. Exceptions for church buildings and ancient monuments

         1. 60. Exceptions for ecclesiastical buildings and redundant churches.

         2. 61. Exceptions for ancient monuments etc.

      2. Validity of instruments, decisions and proceedings

         1. 62. Validity of certain orders and decisions.

         2. 63. Proceedings for questioning validity of other orders, decisions and directions.

         3. 64. Validity of listed building enforcement notices.

         4. 65. Appeals to High Court relating to listed building enforcement notices.

      3. Special considerations affecting planning functions

         1. 66. General duty as respects listed buildings in exercise of planning functions.

         2. 67. Publicity for applications affecting setting of listed buildings.

         3. 68. Reference to Commission of planning applications involving listed buildings in Greater London.

3. Part II Conservation Areas

   1. Designation

      1. 69. Designation of conservation areas.

      2. 70. Designation of conservation areas: supplementary provisions.

   2. General duties of planning authorities

      1. 71. Formulation and publication of proposals for preservation and enhancement of conservation areas.

      2. 72. General duty as respects conservation areas in exercise of planning functions.

      3. 73. Publicity for applications affecting conservation areas.

   3. Control of demolition

      1. 74. Control of demolition in conservation areas.

      2. 75. Cases in which s. 74 does not apply.

      3. 76. Urgent works to preserve unoccupied buildings in conservation areas.

   4. Grants

      1. 77. Grants and loans for preservation or enhancement of conservation areas.

      2. 78. Recovery of grants under s. 77.

   5. Town schemes

      1. 79. Town scheme agreements.

      2. 80. Grants for repairing of buildings in town schemes.

4. Part III General

   1. Authorities exercising functions under Act

      1. 81. Authorities exercising functions under Act.

   2. Power to decline to determine application

      1. 81A. Power to decline to determine subsequent application

      2. 81B. Power to decline to determine overlapping application

   3. Special cases

      1. 82. Application of Act to land and works of local planning authorities.

      2. 82A. Application to the Crown

      3. 82B. Urgent works relating to Crown land: application

      4. 82C. Expressions relating to the Crown

      5. 82D. Enforcement in relation to the Crown

      6. 82E. References to an interest in land

      7. 82F. Applications for listed building or conservation area consent by Crown

      8. 83. Exercise of powers in relation to Crown land.

      9. 84. Application for listed building or conservation area consent in anticipation of disposal of Crown land.

      10. 85. General

      11. 86. Ecclesiastical property.

      12. 87. Settled land.

   4. Miscellaneous provisions

      1. 88. Rights of entry.

      2. 88A. Warrants to enter land.

      3. 88B. Rights of entry: supplementary provisions.

      4. 88C. Rights of entry: Crown land

      5. 88D. Determination of procedure for certain proceedings: England

      6. 88E. Determination of procedure for certain proceedings: Wales

      7. 89. Application of certain general provisions of principal Act.

      8. 90. Financial provisions.

5. Part IV Supplemental

   1. 91. Interpretation.

   2. 92. Application of Act to Isles of Scilly.

   3. 93. Regulations and orders.

   4. 94. Short title, commencement and extent.

6. SCHEDULES

   1. SCHEDULE 1

      Buildings Formerly Subject to Building Preservation Orders

      1. 1. Subject to paragraph 2, every building which immediately before lst...

      2. 2. (1) The Secretary of State may at any time direct,...

      3. 3. In the case of a building to which paragraph 1...

   2. SCHEDULE 1A

      Lapse of Interim Protection

      1. 1. This Schedule applies where interim protection ceases to have effect...

      2. 2. The fact that the interim protection has ceased to have...

      3. 3. Any proceedings on or arising out of an application for...

      4. 4. (1) Any listed building enforcement notice served by the local...

      5. 5. Any temporary stop notice served by the local planning authority...

   3. SCHEDULE 1B

      Decisions on Reviews by Person Appointed by Welsh Ministers

      1. Decisions on reviews by appointed persons

         1. 1. (1) The Welsh Ministers may by regulations prescribe the classes...

      2. Powers and duties of appointed person

         1. 2. (1) An appointed person has the same powers and duties...

      3. Appointment of another person to make a decision on a review

         1. 3. (1) At any time before an appointed person has made...

      4. Local inquiries, hearings and written representations

         1. 4. (1) An appointed person may appoint an assessor to provide...

      5. Directions

         1. 5. (1) The Welsh Ministers may direct that anything that would...

      6. Delegation

         1. 6. (1) An appointed person may delegate to another person anything...

      7. Supplementary provision

         1. 7. Where an appointed person is a member of the staff...

   4. SCHEDULE 2

      Lapse of Building Preservation Notices

      1. 1. This Schedule applies where a building preservation notice ceases to...

      2. 2. The fact that the notice has ceased to be in...

      3. 3. Any proceedings on or arising out of an application for...

      4. 4. (1) Any listed building enforcement notice served by the local...

      5. 4A. Any temporary stop notice served under section 44AA(4) by the...

      6. 5. Any temporary stop notice served under section 44B(4) by the...

   5. SCHEDULE 2A

      Local listed building consent orders: procedure

      1. Preparation

         1. 1. (1) A local listed building consent order must be prepared...

      2. Revision

         1. 2. (1) The local planning authority may at any time prepare...

      3. Order to be adopted

         1. 3. A local listed building consent order is of no effect...

      4. Annual report

         1. 4. (1) While a local listed building consent order is in...

   6. SCHEDULE 3

      Determination of Certain Appeals by Person Appointed by Secretary of State

      1. Determination of appeals by appointed person

         1. 1. (1) The Secretary of State may by regulations prescribe the...

      2. Powers and duties of appointed person

         1. 2. (1) An appointed person shall have the same powers and...

      3. Determination of appeals by Secretary of State

         1. 3. (1) The Secretary of State may, if he thinks fit,...

         2. 4. (1) The Secretary of State may by a further direction...

      4. Appointment of another person to determine appeal

         1. 5. (1) At any time before the appointed person has determined...

      5. Local inquiries and hearings

         1. 6. (1) Whether or not the parties to an appeal have...

         2. 6A. (1) If the Secretary of State is considering giving a...

      6. Supplementary provisions

         1. 7. (1) The Tribunals and Inquiries Act 1992 shall apply to...

      7. Local inquiries: Wales

         1. 8. (1) This paragraph applies in relation to a local inquiry...

   7. SCHEDULE 4

      Further Provisions as to exercise of functions by different authorities

      1. 1. (1) Subsection (3) of section 1 of the principal Act...

      2. 2. Subject to sections . . . 4A, 6, 7, 8...

      3. 3. Where an application for listed building consent under section 10...

      4. 4. (1) Subject to sections . . ., 6, 7, 8...

      5. 5. For the purposes of sections 3 and 4, 7 to...

      6. 6. The validity of any consent or determination granted or made...

      7. 7. (1) The Secretary of State may from time to time...