Planning and Infrastructure Act 2025

Prospective

43 Deemed grant of listed building consent etc E+W

(1) In the Transport and Works Act 1992, for section 17 (listed buildings and conservation areas) substitute—

“17 Listed buildings: England

(1) On making an order under section 1 or 3 that authorises controlled listed building works in England, the Secretary of State may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(2) Section 16(2) of the Listed Buildings Act (duty of special regard to listed buildings) applies to the making of a direction under this section as it would apply to the grant of listed building consent in relation to the building concerned.

(3) Section 72(1) of the Listed Buildings Act (duty of special attention to conservation areas) applies to the making of a direction under this section in relation to a building in a conservation area as it would apply to the grant of listed building consent in relation to that building.

(4) The provisions of the Listed Buildings Act apply in relation to any listed building consent deemed to be granted by virtue of a direction of the Secretary of State under this section as if the consent had been granted by the Secretary of State on an application referred under section 12 of that Act.

(5) But that does not bring the decision to make the direction within section 62(2)(a) of that Act (decisions of Secretary of State that may only be challenged by way of statutory review).

(6) In this section—

• “conservation area” has the same meaning as in the Listed Buildings Act (see section 91(1) of that Act);

• “controlled listed building works in England” means works to which section 7(1) of the Listed Buildings Act (demolition or alteration in character of a listed building in England) applies;

• “listed building consent” means consent under section 8 of the Listed Buildings Act (listed building consent in England);

• “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990.

17A Listed buildings and conservation areas: Wales

(1) On making an order under section 1 or 3 that authorises controlled listed building works in Wales, the Welsh Ministers may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(2) On making an order under section 1 or 3 that authorises controlled conservation area works in Wales, the Welsh Ministers may direct that conservation area consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(3) Section 96(2) of HEWA 2023 (duty of special regard to listed buildings) applies to the making of a direction under subsection (1) as it would apply to the grant of listed building consent in relation to the building concerned.

(4) Section 160(1) of HEWA 2023 (duty of special regard to conservation areas) applies—

(a) to the making of a direction under subsection (1) in relation to a building in a conservation area, as it would apply to the grant of listed building consent in relation to that building, and

(b) to the making of a direction under subsection (2), as it would apply to the grant of conservation area consent in relation to the building concerned.

(5) The provisions of HEWA 2023 apply in relation to any consent deemed to be granted by virtue of a direction of the Welsh Ministers under this section as if the consent had been granted by the Welsh Ministers on an application referred under section 94 of that Act.

(6) But that does not bring the decision to make the direction within section 182(2)(b) of that Act (decisions of Welsh Ministers that may only be challenged by way of statutory review).

(7) In this section—

• “conservation area” has the same meaning as in HEWA 2023 (see section 210 of that Act);

• “conservation area consent” means consent under section 162 of HEWA 2023 (conservation area consent in Wales);

• “controlled conservation area works in Wales” means works to which section 161 of HEWA 2023 (demolition of building in conservation area in Wales) applies;

• “controlled listed building works in Wales” means works to which section 88 of HEWA 2023 (demolition or alteration in character of a listed building in Wales) applies;

• “HEWA 2023” means the Historic Environment (Wales) Act 2023;

• “listed building consent” means consent under section 89 of HEWA 2023 (listed building consent in Wales).”

(2) In section 22 of that Act (validity of orders)—

(a) in the heading, for “under section 1 or 3” substitute “and directions”;

(b) after subsection (3) insert—

“(4) This section applies to a direction under—

(a) section 90(2A) of the Town and Country Planning Act 1990 (deemed planning permission),

(b) section 17 or 17A of this Act (deemed listed building or conservation area consent), or

(c) section 12(2A) of the Planning (Hazardous Substances) Act 1990 (deemed hazardous substances consent),

as it applies to an order under section 1 or 3.”

(3) In section 12 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (reference of applications for listed building consent to Secretary of State), omit subsection (3A).

(4) In section 94(4) of the Historic Environment (Wales) Act 2023 (reference to Welsh Ministers of application for listed building consent associated with Transport and Works Act application), after “application” in the second place it occurs insert “to the Secretary of State”.

Commencement Information

I1 S. 43 not in force at Royal Assent, see s. 118(1)(y)