Office of Public Sector Information
PART I continued CHAPTER II continued
(2) A person who has made such an application may also appeal to the Secretary of State if the local planning authority have neither—
(a) given notice to the applicant of their decision on the application; nor
(b) in the case of such an application as is mentioned in paragraph (a) or (b) of subsection (1), given notice to the applicant that the application has been referred to the Secretary of State in accordance with directions given under section 12,
within the relevant period from the date of the receipt of the application, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.
(3) In this section “the relevant period” means—
(a) in the case of such an application as is mentioned in paragraph (a) or (b) of subsection (1), such period as may be prescribed; and
(b) in the case of such an application for approval as is mentioned in paragraph (c) of subsection (1), the period of eight weeks from the date of the receipt of the application.
(4) For the purposes of the application of sections 22(1) and 63(7)(b) in relation to an appeal under subsection (2) it shall be assumed that the authority decided to refuse the application in question.
(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.
(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.
(1) The Secretary of State may allow or dismiss an appeal under section 20 or may reverse or vary any part of the authority’s decision (whether or not the appeal relates to that part), and—
(a) may deal with the application as if it had been made to him in the first instance; and
(b) may exercise his power under section 1 to amend any list compiled or approved under that section by removing from it the building to which the appeal relates.
(2) Before determining the appeal, the Secretary of State shall, if either the applicant or the local planning authority so wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(3) The decision of the Secretary of State on the appeal shall be final.
(4) Schedule 3 applies to appeals under section 20.
(1) If it appears to the local planning authority that it is expedient to revoke or modify any listed building consent granted on an application under this Act, the authority may by order revoke or modify the consent to such extent as they consider expedient.
(2) In performing their functions under subsection (1) the local planning authority shall have regard to the development plan and to any other material considerations.
(3) The power conferred by this section to revoke or modify listed building consent in respect of any works may be exercised at any time before those works have been completed, but the revocation or modification shall not affect so much of those works as has been previously carried out.
(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.
(1) This section shall have effect where—
(a) the local planning authority have made an order under section 23 revoking or modifying a listed building consent granted by them; and
(b) the owner and occupier of the land and all persons who in the authority’s opinion will be affected by the order have notified the authority in writing that they do not object to the order.
(2) Where this section applies, instead of submitting the order to the Secretary of State for confirmation the authority shall—
(a) advertise in the prescribed manner the fact that the order has been made, specifying in the advertisement—
(i) the period within which persons affected by the order may give notice to the Secretary of State that they wish for an opportunity of appearing before and being heard by a person appointed by him for the purpose; and
(ii) the period at the end of which, if no such notice is given to the Secretary of State, the order may take effect by virtue of this section without being confirmed by him;
(b) serve notice to the same effect on the persons mentioned in subsection (l)(b);
(c) send a copy of any such advertisement to the Secretary of State not more than three days after its publication.
(3) If—
(a) no person claiming to be affected by the order has given notice to the Secretary of State as mentioned in subsection (2)(a)(i) within the period referred to in that subsection; and
(b) the Secretary of State has not directed within that period that the order be submitted to him for confirmation,
the order shall take effect at the end of the period referred to in subsection (2)(a)(ii) without being confirmed by the Secretary of State as required by section 24(1).
(4) The period referred to in subsection (2)(a)(i) must not be less than 28 days from the date on which the advertisement first appears.
(5) The period referred to in subsection (2)(a)(ii) must not be less than 14 days from the end of the period referred to in subsection (2)(a)(i).
(1) If it appears to the Secretary of State that it is expedient that an order should be made under section 23 revoking or modifying any listed building consent granted on an application under this Act, he may himself make such an order revoking or modifying the consent to such extent as he considers expedient.
(2) In performing his functions under subsection (1) the Secretary of State shall have regard to the development plan and to any other material considerations.
(3) The Secretary of State shall not make an order under that subsection without consulting the local planning authority.
(4) Where the Secretary of State proposes to make such an order he shall serve notice on—
(a) the owner of the building affected;
(b) the occupier of that building; and
(c) any other person who in his opinion will be affected by the order.
(5) 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.
(6) If within that period a person on whom it is served so requires, before the Secretary of State makes the order he shall give such an opportunity both to him and to the local planning authority.
(7) The power conferred by this section to revoke or modify listed building consent in respect of any works may be exercised at any time before those works have been completed, but the revocation or modification shall not affect so much of those works as has been previously carried out.
(8) An order under this section shall have the same effect as if it had been made by the local planning authority under section 23 and confirmed by the Secretary of State under section 24.
(1) This section shall have effect where—
(a) an application is made for listed building consent for the alteration or extension of a listed building;
(b) the works do not constitute development or they do so but the development is such that planning permission for it is granted by a development order; and
(c) the Secretary of State, either on appeal or on the reference of the application to him, refuses such consent or grants it subject to conditions.
(2) If, on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that the value of the interest of any person in the land is less than it would have been if listed building consent had been granted or, as the case may be, had been granted unconditionally, the local planning authority shall pay that person compensation of an amount equal to the difference.
(3) In determining for the purposes of subsection (2) whether or to what extent the value of an interest in land is less than it would have been if listed building consent had been granted, or had been granted unconditionally—
(a) it shall be assumed that any subsequent application for listed building consent for the alteration or extension in question would be determined in the same way; but
(b) in the case of a refusal of listed building consent, regard shall be had to any undertaking given by the Secretary of State on that refusal to grant such consent for some other works to the building if an application were made for it.
(4) No compensation shall be payable under this section in respect of an interest in land in respect of which a notice is served under section 32 of this Act or under section 137 of the principal Act (circumstances in which purchase notices may be served) by virtue of subsection (1)(a) or (b) of that section, being a notice which takes effect.
(5) The local planning authority need not pay compensation under this section in respect of a building in respect of which a building preservation notice is in force unless and until the building is included in a list compiled or approved by the Secretary of State under section 1, but a claim for such compensation may be made before the building is so included.
(1) This section shall have effect where listed building consent is revoked or modified by an order under section 23 (other than an order which takes effect by virtue of section 25).
(2) If on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that a person interested in the building—
(a) has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification; or
(b) has otherwise sustained loss or damage which is directly attributable to the revocation or modification,
the authority shall pay that person compensation in respect of that expenditure, loss or damage.
(3) Subject to subsection (4), no compensation shall be paid under this section in respect of—
(a) any works carried out before the grant of the listed building consent which is revoked or modified; or
(b) any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.
(4) For the purposes of this section, expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory to any works, shall be taken to be included in the expenditure incurred in carrying out those works.
(1) This section applies where a building preservation notice ceases to have effect without the building having been included in a list compiled or approved by the Secretary of State under section 1.
(2) Any person who at the time when the notice was served had an interest in the building shall, on making a claim to the authority within the prescribed time and in the prescribed manner, be entitled to be paid compensation by the local planning authority in respect of any loss or damage directly attributable to the effect of the notice.
(3) The loss or damage in respect of which compensation is payable under subsection (2) shall include a sum payable in respect of any breach of contract caused by the necessity of discontinuing or countermanding any works to the building on account of the building preservation notice being in force with respect to it.
(1) Subject to subsection (2)—
(a) claims under section 27 shall be made to and paid by the local planning authority to whom the application for listed building consent was made;
(b) claims under section 28 shall be made to and paid by the local planning authority who made the order in question or, where it was made by the Secretary of State under section 26, the local planning authority who are treated as having made it under that section;
(c) claims under section 29 shall be made to and paid by the local planning authority who served the building preservation notice,
and references in those sections to a local planning authority shall be construed accordingly.
(2) The Secretary of State may after consultation with all the authorities concerned direct that where a local planning authority is liable to pay compensation under section 27, 28 or 29 in any particular case or class of case they shall be entitled to be reimbursed the whole of the compensation or such proportion of it as he may direct from one or more authorities specified in the direction.
(3) This section does not apply in Greater London.
(1) For the purpose of assessing any compensation to which this section applies, the rules set out in section 5 of the [1961 c. 33.] Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
(2) This section applies to any compensation which is payable under sections 27 to 29 in respect of depreciation of the value of an interest in land.
(3) Where an interest in land is subject to a mortgage—
(a) any compensation to which this section applies, which is payable in respect of depreciation of the value of that interest, shall be assessed as if the interest were not subject to the mortgage;
(b) a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;
(c) no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and
(d) any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.
(4) Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under sections 27 to 29 shall be referred to and determined by the Lands Tribunal.
(5) In relation to the determination of any such question, the provisions of sections 2 and 4 of the [1961 c. 33.] Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.
(1) Where—
(a) listed building consent in respect of a building is refused, or granted subject to conditions, or is revoked or modified by an order under section 23 or 26; and
(b) any owner of the building claims—
(i) that the conditions mentioned in subsection (2) are satisfied with respect to it and any land comprising the building, or contiguous or adjacent to it, and owned with it; and
(ii) that the conditions mentioned in subsection (3) are satisfied with respect to that land,
he may, within the prescribed time and in the prescribed manner, serve on the council of the district or London borough in which the building and land are situated a notice (in this Act referred to as a “listed building purchase notice”) requiring that council to purchase his interest in the building and land in accordance with sections 33 to 37.
(2) The conditions mentioned in subsection (1)(b)(i) are—
(a) that the building and land in respect of which the notice is served have become incapable of reasonably beneficial use in their existing state;
(b) in a case where listed building consent has been granted subject to conditions with respect to the execution of the works or has been modified by the imposition of such conditions, that the land cannot be rendered capable of such use by the carrying out of the works in accordance with those conditions; and
(c) in any case, that the land cannot be rendered capable of such use by the carrying out of any other works for which listed building consent has been granted or for which the local planning authority or the Secretary of State has undertaken to grant such consent.
(3) The conditions mentioned in subsection (1)(b)(ii) are that the use of the land is substantially inseparable from that of the building and that it ought to be treated, together with the building, as a single holding.
(4) In determining for the purpose of subsection (2) what is or would in any particular circumstances be a reasonably beneficial use of land, no account shall be taken of any prospective use which would involve the carrying out of new development or any works requiring listed building consent which might be executed to the building, other than works for which the local planning authority or the Secretary of State have undertaken to grant such consent.
(5) References in sections 33 to 37 to the land are to the building and the land in respect of which the notice under subsection (1) is served.
(1) The council on whom a listed building purchase notice is served by an owner shall serve on him a notice stating either—
(a) that the council are willing to comply with the purchase notice; or
(b) that another local authority or statutory undertakers specified in the notice under this subsection have agreed to comply with it in their place; or
(c) that for reasons so specified the council are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place and that they have transmitted to the Secretary of State a copy of the purchase notice and of the notice under this subsection.
(2) A notice under subsection (1) must be served before the end of the period of three months beginning with the date of service of the listed building purchase notice.
(3) Where such a notice as is mentioned in paragraph (a) or (b) of subsection (1) has been duly served, the council or, as the case may be, the other local authority or statutory undertakers specified in the notice shall be deemed—
(a) to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of section 47; and
(b) to have served a notice to treat in respect of it on the date of service of the notice under that subsection.
(4) Where the council propose to serve such a notice as is mentioned in subsection (l)(c), they shall first send to the Secretary of State a copy of—
(a) the proposed notice; and
(b) the listed building purchase notice which was served on them.
(1) Where a copy of a listed building purchase notice is sent to the Secretary of State under section 33(4), he shall consider whether to confirm the notice or to take other action under section 35 in respect of it.
(2) Before confirming such a notice or taking such other action, the Secretary of State shall give notice of his proposed action—
(a) to the person who served the notice;
(b) to the council on whom it was served;
(c) outside Greater London—
(i) to the county planning authority and also, where that authority is a joint planning board, to the county council; and
(ii) if the district council on whom the purchase notice in question was served is a constituent member of a joint planning board, to that board; and
(d) if the Secretary of State proposes to substitute any other local authority or statutory undertakers for the council on whom the notice was served, to them.
(3) A notice under subsection (2) shall specify the period (which must not be less than 28 days from its service) within which any of the persons on whom it is served may require the Secretary of State to give him an opportunity of appearing before and being heard by a person appointed by him for the purpose.
(4) If any of those persons so require, before the Secretary of State confirms the listed building purchase notice or takes any other action under section 35 in respect of it, he shall give such an opportunity to each of them.
(5) If after any of those persons have appeared before and been heard by the appointed person, it appears to the Secretary of State to be expedient to take action under section 35 otherwise than in accordance with the notice given by him, the Secretary of State may take that action accordingly.
(1) Subject to the following provisions of this section, if the Secretary of State is satisfied that the conditions specified in section 32(2)(a) to (c) are satisfied in the case of any listed building purchase notice, he shall confirm the notice.
(2) If the Secretary of State is satisfied that those conditions are fulfilled only in respect of part of the land, he shall confirm the notice only in respect of that part and the notice shall have effect accordingly.
(3) The Secretary of State shall not confirm the notice unless he is satisfied that the land comprises such land contiguous or adjacent to the building as is in his opinion required—
(a) for preserving the building or its amenities, or
(b) for affording access to it, or
(c) for its proper control or management.
(4) If it appears to the Secretary of State to be expedient to do so he may, instead of confirming the notice—
(a) in the case of a notice served on account of the refusal of listed building consent for any works, grant such consent for those works;
(b) in the case of a notice served on account of such consent being granted subject to conditions, revoke or amend those conditions so far as it appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of those works;
(c) in the case of a notice served on account of such consent being revoked by an order under section 23 or 26, cancel the order revoking the consent; or
(d) in the case of a notice served on account of such consent being modified by such an order by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the works in respect of which the consent was granted.
(5) If it appears to the Secretary of State that the land (or any part of it) could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out—
(a) of any other works for which listed building consent ought to be granted, or
(b) of any development for which planning permission ought to be granted,
he may, instead of confirming the listed building purchase notice (or confirming it so far as it relates to that part), direct that if an application is made for such consent for those works or, as the case may be, for planning permission for that development, it shall be granted.
(6) If it appears to the Secretary of State, having regard to the probable ultimate use of the building or its site, that it is expedient to do so, he may, if he confirms the notice, modify it either in relation to the whole or any part of the land, by substituting another local authority or statutory undertakers for the council on whom the notice was served.
(7) Any reference in section 34 to the taking of action by the Secretary of State under this section includes a reference to the taking by him of a decision not to confirm the notice on the grounds that any of the conditions referred to in subsection (1) are not satisfied.
(1) Where the Secretary of State confirms a listed building purchase notice, the council on whom the notice was served shall be deemed—
(a) to be authorised to acquire the owner’s interest in the land compulsorily in accordance with the provisions of section 47; and
(b) to have served a notice to treat in respect of it on such date as the Secretary of State may direct.
(2) If before the end of the relevant period the Secretary of State has neither—
(a) confirmed the listed building purchase notice; nor
(b) notified the owner by whom it was served that he does not propose to confirm it; nor
(c) taken any such action in respect of it as is mentioned in subsection (4) or (5) of section 35,
the notice shall be deemed to be confirmed at the end of that period and the council on whom it was served shall be deemed to have been authorised as mentioned in subsection (1)(a) and to have served a notice to treat in respect of the owner’s interest at the end of that period.
(3) Where a listed building purchase notice is confirmed in respect of only part of the land, references in this section to the owner’s interest in the land are references to the owner’s interest in that part.
(4) Where a listed building purchase notice is modified under section 35(6) by the substitution of another local authority or statutory undertakers for the council on whom the notice was served, the reference in subsection (1) to that council is to that other local authority or those statutory undertakers.
(5) In this section “the relevant period” means, subject to subsection (6) below—
(a) the period of nine months beginning with the date of the service of the listed building purchase notice; or
(b) if it ends earlier, the period of six months beginning with the date on which a copy of the notice was sent to the Secretary of State.
(6) The relevant period does not run if the Secretary of State has before him at the same time both—
(a) a copy of the listed building purchase notice sent to him under section 33(4); and
(b) a notice of appeal under section 20 or section 39 relating to any of the land to which the listed building purchase notice relates.
(7) Where any decision by the Secretary of State to confirm or not to confirm a listed building purchase notice (including any decision to confirm the notice only in respect of part of the land, or to give any direction as to the granting of listed building consent or planning permission) is quashed under section 63, the notice shall be treated as cancelled but the owner may serve a further notice in its place.
(8) For the purposes of determining whether such a further notice has been served within the period prescribed for the service of listed building purchase notices, the decision concerning listed building consent on account of which the notice has been served shall be treated as having been made on the date on which the Secretary of State’s decision was quashed.
Where compensation is payable under section 28 in respect of expenditure incurred in carrying out any works to a building, any compensation which then becomes payable in respect of the acquisition of an interest in the land in pursuance of a listed building purchase notice shall be reduced by an amount equal to the value of those works.
(1) Where it appears to the local planning authority—
(a) that any works have been or are being executed to a listed building in their area; and
(b) that the works are such as to involve a contravention of section 9(1) or (2),
they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, issue a notice under this section (in this Act referred to as a “listed building enforcement notice”).
(2) A listed building enforcement notice shall specify the alleged contravention and require such steps as may be specified in the notice to be taken within such period as may be so specified—
(a) for restoring the building to its former state; or
(b) if the authority consider that such restoration would not be reasonably practicable or would be undesirable, for executing such further works specified in the notice as they consider necessary to alleviate the effect of the works which were carried out without listed building consent; or
(c) for bringing the building to the state in which it would have been if the terms and conditions of any listed building consent which has been granted for the works had been complied with.
(3) A listed building enforcement notice shall specify the date on which it is to take effect (in this section referred to as “the specified date”).
(4) A copy of a listed building enforcement notice shall be served, not later than 28 days after the date of its issue and not later than 28 days before the specified date—
(a) on the owner and on the occupier of the building to which it relates; and
(b) on any other person having an interest in that building which in the opinion of the authority is materially affected by the notice.
(5) The local planning authority may withdraw a listed building enforcement notice (without prejudice to their power to issue another) at any time before it takes effect.
(6) If they do so, they shall immediately give notice of the withdrawal to every person who was served with a copy of the notice.
(7) Where a listed building enforcement notice imposes any such requirement as is mentioned in subsection (2)(b), listed building consent shall be deemed to be granted for any works of demolition, alteration or extension of the building executed as a result of compliance with the notice.
Planning (Listed Buildings and Conservation Areas) Act 1990 (C. 9)