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Planning (Listed Buildings and Conservation Areas) Act 1990
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Planning (Listed Buildings and Conservation Areas) Act 1990, Section 12 is up to date with all changes known to be in force on or before 20 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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12 Reference of certain applications to Secretary of State. E+W
(1)The Secretary of State may give directions requiring applications for listed building consent to be referred to him instead of being dealt with by the local planning authority.
(2)A direction under this section may relate either to a particular application, or to applications in respect of such buildings as may be specified in the direction.
(3)An application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.
[F1(3A)An application for listed building consent shall, without any direction by the Secretary of State, be referred to the Secretary of State instead of being dealt with by the local planning authority in any case where the consent is required in consequence of proposals included in an application for an order under section 1 or 3 of the Transport and Works Act 1992.]
(4)Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State.
[F2(4B)Subsection (4) does not apply to an application referred to the Welsh Ministers under this section instead of being dealt with by a local planning authority in Wales.]
(5)The decision of the Secretary of State on any application referred to him under this section shall be final.
Textual Amendments
F1S. 12(3A) inserted (1.1.1993) by Transport and Works Act 1992 (c. 42, SIF 102), s.17; S.I. 1992/2784, art. 2, Sch.1
F2S. 12(4B) inserted (11.11.2014) by The Town and Country Planning (Determination of Procedure) (Wales) Order 2014 (S.I. 2014/2773), art. 1(2), Sch. 1 para. 15
Modifications etc. (not altering text)
C1Ss. 9–12 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3
C2Ss. 9-12 modified (W.) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 16, Sch. 3
C3Ss. 7-29 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))
C4S. 12 applied (with modifications) (E.) (6.4.2014) by The Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) Regulations 2014 (S.I. 2014/550), regs. 1(1), 7
C5S. 12 applied by S.I. 1990/1519, reg. 13(3A) (as substituted (15.4.2015) by The Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2015 (S.I. 2015/809), regs. 1(1), 2(6) (with reg. 3))
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