Part I

Listed Buildings
Chapter II

Authorisation of works affecting listed buildings

Appeals

Appeals: supplementary provisions.
21
1
An appeal under section 20 must be made by notice served in the prescribed manner within such period as may be prescribed.
2
The period which may be prescribed under subsection (1) must not be less than—
a
in the case of an appeal under subsection (1) of section 20, 28 days from the receipt by the applicant of notification of the decision; or
b
in the case of an appeal under subsection (2) of that section, 28 days from the end of the relevant period (within the meaning of that section) or, as the case may be, the extended period there mentioned.
3
The notice of appeal may include as the ground or one of the grounds of the appeal a claim that the building is not of special architectural or historic interest and ought to be removed from any list compiled or approved by the Secretary of State under section 1.
4
In the case of a building with respect to which a listed building preservation notice is in force, the notice may include a claim that the building should not be included in such a list.
4A
Once notice of an appeal under section 20 to the Welsh Ministers has been served, the application to which it relates may not be varied, except in such circumstances as may be prescribed.
4B
Regulations which make provision under subsection (4A) must provide for an application which is varied to be subject to such further consultation as the Welsh Ministers consider appropriate.
5
Regulations under this Act may provide that an appeal in respect of an application for listed building consent or for the variation or discharge of conditions subject to which such consent has been granted shall not be entertained unless it is accompanied by a certificate in the prescribed form and corresponding to one of those described in subsection (1) of section 11.
6
Any such regulations may also include provisions corresponding to those which may be included in the regulations which may be made by virtue of section 11.
7
If any person—
a
issues a certificate which purports to comply with the requirements of regulations made by virtue of subsection (5) or (6) and contains a statement which he knows to be false or misleading in a material particular; or
b
recklessly issues a certificate which purports to comply with those requirements and contains a statement which is false or misleading in a material particular,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
8
Regulations under this Act may provide for an appeal under section 20 to be accompanied by such other information as may be prescribed.
9
The power to make regulations under subsection (8) is exercisable by—
a
the Secretary of State, in relation to England;
b
the Welsh Ministers, in relation to Wales.
10
Section 93(3) does not apply in relation to regulations under subsection (8) made by the Welsh Ministers.
11
Regulations under subsection (8) made by the Welsh Ministers are subject to annulment in pursuance of a resolution of the National Assembly for Wales.
Ss. 21, 22 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3
S. 21(8)-(11) inserted (26.11.2008 for specified purposes, 6.4.2009 for E. in so far as not already in force, 30.4.2012 for W.) by Planning Act 2008 (c. 29), ss. 197, 241(1)(a)(3)(4), Sch. 11 para. 5 (with s. 226); S.I. 2009/400, art. 5(d); S.I. 2012/802, art. 2(b)
Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.
S. 21 modified (W.) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 16, Sch. 3
Ss. 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))
S. 21(4A)(4B) inserted (6.9.2015 for specified purposes, 5.5.2017 in so far as not already in force) by Planning (Wales) Act 2015 (anaw 4), ss. 47(3), 58(2)(b)(4)(b); S.I. 2017/546, art. 3(b) (with art. 4)