Planning (Listed Buildings and Conservation Areas) Act 1990

[F1 26E Powers of Secretary of State in relation to local orders E+W

(1) At any time before a local listed building consent order is adopted by a local planning authority the Secretary of State may direct that the order (or any part of it) is not to be adopted without the Secretary of State's approval.

(2) If the Secretary of State gives a direction under subsection (1)—

(a) the authority must not take any step in connection with the adoption of the order until they have submitted the order or the part to the Secretary of State and the Secretary of State has decided whether to approve it;

(b) the order has no effect unless it (or the part) has been approved by the Secretary of State.

(3) In considering an order or part submitted under subsection (2)(a) the Secretary of State may take account of any matter the Secretary of State thinks relevant.

(4) It is immaterial whether any such matter was taken account of by the local planning authority.

(5) The Secretary of State—

(a) may approve or reject an order or part of an order submitted under subsection (2)(a);

(b) must give reasons for that decision.

(6) The Secretary of State—

(a) may at any time before a local listed building consent order is adopted by the local planning authority, direct them to modify it in accordance with the direction;

(b) must give reasons for any such direction.

(7) The local planning authority—

(a) must comply with a direction under subsection (6);

(b) must not adopt the order unless the Secretary of State gives notice of being satisfied that they have complied with the direction.

(8) The Secretary of State—

(a) may at any time by order revoke a local listed building consent order if of the opinion that it is expedient to do so;

(b) must give reasons for doing so.

(9) The Secretary of State—

(a) must not make an order under subsection (8) without consulting the local planning authority;

(b) if proposing to make such an order, must serve notice on the local planning authority.

(10) A notice under subsection (9)(b) must specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(11) The Secretary of State must give the authority such an opportunity if they require it within the period specified in the notice.]

Textual Amendments

F1 Ss. 26C-26G and cross-heading inserted (25.4.2013 for specified purposes, 6.4.2014 in so far as not already in force) by Enterprise and Regulatory Reform Act 2013 (c. 24), ss. 60(3), 103(1)(i)(3); S.I. 2014/416, art. 3(a)

Modifications etc. (not altering text)

C1 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))