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Planning (Listed Buildings and Conservation Areas) Act 1990

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24 Procedure for s. 23 orders: opposed cases. E+W

(1)Except as provided in section 25, an order made by a local planning authority under section 23 shall not take effect unless it is confirmed by the Secretary of State.

(2)Where a local planning authority submit such an order to the Secretary of State for confirmation they shall serve notice on—

(a)the owner of the building affected;

(b)the occupier of that building; and

(c)any other person who in their opinion will be affected by the order.

(3)The notice shall specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(4)If within that period a person on whom the notice is served so requires, the Secretary of State shall give such an opportunity both to that person and to the local planning authority before he confirms the order.

(5)The Secretary of State may confirm an order submitted to him under this section either without modification or subject to such modifications as he considers expedient.

Modifications etc. (not altering text)

C1Ss. 23–26 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, 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))

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