It shall be the duty of a local planning authority from time to time to review the past exercise of functions under this section and to determine whether any parts or any further parts of their area should be designated as conservation areas; and, if they so determine, they shall designate those parts accordingly.

The Secretary of State may from time to time determine that any part of a local planning authority’s area which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if he so determines, he may designate that part as a conservation area.

The designation of any area as a conservation area shall be a local land charge.

The functions of a local planning authority under section 69 and this section shall also be exercisable in Greater London by the Commission.

Before making a determination under section 69 the Commission shall consult the council of each London borough of which any part is included in the area to which the proposed determination relates.

Before making a determination under section 69(3) the Secretary of State shall consult the local planning authority.

Before designating any area in Greater London as a conservation area the Commission shall obtain the consent of the Secretary of State.

A notice under subsection (5) or (6) shall contain sufficient particulars to identify the area affected.

Notice of any such designation, variation or cancellation as is mentioned in subsection (5) or (6), with particulars of its effect, shall be published in the London Gazette and in at least one newspaper circulating in the area of the local planning authority, by that authority or, as the case may be, the Secretary of State.

It shall be the duty of a local planning authority from time to time to formulate and publish proposals for the preservation and enhancement of any parts of their area which are conservation areas.

Proposals under this section shall be submitted for consideration to a public meeting in the area to which they relate.

The local planning authority shall have regard to any views concerning the proposals expressed by persons attending the meeting.

In the exercise, with respect to any buildings or other land in a conservation area, of any F1functions under or by virtue of any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.

The provisions referred to in subsection (1) are the planning Acts and Part I of the M1Historic Buildings and Ancient Monuments Act 1953 F2and sections 70 and 73 of the Leasehold Reform, Housing and Urban Development Act 1993.

In subsection (2), references to provisions of the Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996.

Nothing in this section applies in relation to neighbourhood development orders.

The Secretary of State may prescribe requirements as to publicity for applications for planning permission in cases where the local planning authority think that the development of land would affect the character or appearance of a conservation area.

In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act.

A building in a conservation area shall not be demolished without the consent of the appropriate authority (in this Act referred to as “conservation area consent”).

Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).

Sections 7 to 26, 28, 32 to 46, 56, 62 to 65, 66(1), 82(2) to (4), F782A to 82D and 90(2) to (4) have effect in relation to buildings in conservation areas as they have effect in relation to listed buildings subject to such exceptions and modifications as may be prescribed by regulations.

The Secretary of State may direct that section 74 shall not apply to any description of buildings specified in the direction.

A direction under subsection (2) may be given either to an individual local planning authority exercising functions under that section or to local planning authorities generally.

The Secretary of State may vary or revoke a direction under subsection (2) by a further direction under that subsection.

For the purposes of subsection (1)(b), a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

For the purposes of sections 7 to 9 as they apply by virtue of section 74(3) a building shall be taken to be used for the time being for ecclesiastical purposes if it would be so used but for the works in question.

The Secretary of State may by order provide for restricting or excluding the operation of subsection (1)(b) in such cases as may be specified in the order.

Any proceedings on or arising out of an application for conservation area consent made while section 74 applies to a building shall lapse if it ceases to apply to it, and any such consent granted with respect to the building shall also lapse.

The fact that that section has ceased to apply to a building shall not affect the liability of any person to be prosecuted and punished for an offence under section 9 or 43 committed with respect to the building while that section did apply to it.

If it appears to the Secretary of State that the preservation of a building in a conservation area is important for maintaining the character or appearance of that area, he may direct that section 54 shall apply to it as it applies to listed buildings.

The Secretary of State shall consult the Commission before giving a direction under subsection (1) in respect of a building in England.

If in the opinion of the Commission any relevant expenditure has made or will make a significant contribution towards the preservation or enhancement of the character or appearance of any conservation area situated in England or any part of such an area, they may make grants or loans for the purposes of defraying the whole or part of that expenditure.

If in the opinion of the Secretary of State any relevant expenditure has made or will make a significant contribution towards the preservation or enhancement of the character or appearance of any conservation area situated in Wales or any part of such an area, he may make grants or loans for the purposes of defraying the whole or part of that expenditure.

Expenditure is relevant for the purposes of subsection (1) or (2) if it has been or is to be incurred in or in connection with, or with a view to the promotion of, such preservation or enhancement as is mentioned in that subsection.

A grant or loan under this section may be made subject to such conditions as the Commission or, as the case may be, the Secretary of State may think fit to impose.

Any loan under subsection (1) shall be made on such terms as to repayment, payment of interest and otherwise as the Commission may determine.

Any loan under subsection (2) shall be made on such terms as to repayment, payment of interest and otherwise as the Secretary of State may with the approval of the Treasury determine.

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This section applies to any grant under section 77 made on terms that it shall be recoverable under this section.

In this section “the recovery period” means the period, beginning with the day on which the grant is made and ending not more than ten years after that day, during which the grant is to be recoverable in accordance with subsection (4).

If during the recovery period the grantee disposes of the interest which was held by him in the grant property on the day on which the grant was made or any part of that interest by way of sale or exchange or lease for a term of not less than 21 years, the grantor may recover the amount of the grant, or such part of it as the grantor thinks fit, from the grantee.

If the grantee gives the whole of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (4) shall have effect as if the donee were the grantee.

If the grantee gives part of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (4) shall have effect as if any disposal or part disposal of that interest by the donee were a disposal by the grantee.

If any condition imposed on the making of a grant to which this section applies is contravened or not complied with, the grantor may recover the amount of the grant, or such part of it as he thinks fit, from the grantee.

Nothing in this section entitles a grantor to recover amounts in the aggregate exceeding the amount of the grant (for example by virtue of a breach of more than one condition or disposals of several parts of an interest in the grant property).

F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A grant under this section may be made subject to conditions imposed by the Commission or, as the case may be, the Secretary of State for such purposes as the Commission or, as the case may be, the Secretary of State thinks fit.

F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Those arrangements may include such arrangements for the offer and payment of grants under this section as the parties may agree.

Section 78(4) to (8) shall apply to a grant under this section as it applies to a grant under that section, but taking the recovery period to be three years beginning with the day on which the grant is made.