49 Compensation on compulsory acquisition of listed building in England or Wales.
(1) Subject to section 50, for the purpose of assessing compensation in respect of any compulsory acquisition of land including a building which immediately before the date of the compulsory purchase order was listed, it shall be assumed that listed building consent would be granted for any works—
(a) for the alteration or extension of the building; or
(b) for the demolition of the building for the purpose of development of any class specified in Schedule 3 to the principal Act (development not constituting new development),
. . . .
(2) In subsection (1)—
(a) the reference to a building which was listed includes a building in Wales which was included in the list maintained under section 76 of the Historic Environment (Wales) Act 2023;
(b) in relation to such a building—
(i) the reference to section 50 of this Act is to be read as a reference to section 140 of that Act;
(ii) the reference to listed building consent is a reference to consent under section 89 of that Act.
50 Minimum compensation in case of listed building deliberately left derelict.
(1) Where the appropriate authority within the meaning of section 47—
(a) propose to acquire a building compulsorily under that section; and
(b) are satisfied that the building has been deliberately allowed to fall into disrepair for the purpose of justifying its demolition and the development or redevelopment of the site or any adjoining site,
they may include in the compulsory purchase order as submitted to the Secretary of State for confirmation a direction for minimum compensation.
(2) Subject to the provisions of this section, where the Secretary of State acquires a building compulsorily under section 47, he may, if he is satisfied as mentioned in subsection (1)(b), include a direction for minimum compensation in the compulsory purchase order.
(3) Without prejudice to so much of section 12 of the Acquisition of Land Act 1981 or, as the case may be, paragraph 3(1) of Schedule 1 to that Act (notices stating effect of compulsory purchase order or, as the case may be, draft order) as requires the notice to state the effect of the order, the notice required to be served in accordance with that provision shall—
(a) include a statement that a direction for minimum compensation has been included in the order or, as the case may be, in the draft order prepared by the Secretary of State in accordance with Schedule 1 to that Act; and
(b) explain the meaning of the expression “direction for minimum compensation”.
(4) A direction for minimum compensation, in relation to a building compulsorily acquired, is a direction that for the purpose of assessing compensation it is to be assumed, notwithstanding anything to the contrary in the Land Compensation Act 1961, the principal Act, or this Act —
(a) that planning permission would not be granted for any development or re-development of the site of the building; and
(b) that listed building consent would not be granted for any works for the demolition, alteration or extension of the building other than development or works necessary for restoring it to and maintaining it in a proper state of repair.
(5) If a compulsory purchase order is confirmed or made with the inclusion of a direction for minimum compensation, the compensation in respect of the compulsory acquisition shall be assessed in accordance with the direction.
(6) Where such a direction is included in a compulsory purchase order or, as the case may be, in a draft order prepared by the Secretary of State, any person having an interest in the building may, within 28 days after the service of the notice mentioned in subsection (3), apply to a magistrates’ court . . . for an order that no such direction be included in the compulsory purchase order as confirmed or made by the Secretary of State.
(7) If the court to which an application is made under subsection (6) is satisfied that the building in respect of which the application is made has not been deliberately allowed to fall into disrepair for the purpose mentioned in subsection (1)(b) the court shall make the order applied for.
(8) A person aggrieved by the decision of a magistrates’ court on an application under subsection (6) may appeal against the decision to the Crown Court.
(9) The rights conferred by subsections (6) and (8) shall not prejudice those conferred by section 47(4) and (6).
51 Ending of rights over land compulsorily acquired.
(1) Subject to the provisions of this section, upon the completion of a compulsory acquisition of land under section 47—
(a) all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and
(b) any such apparatus shall vest in the acquiring authority.
(2) Subsection (1) shall not apply—
(a) to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking, or
(b) to any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, or
(c) to any electronic communications apparatus kept installed for the purposes of any such network.
(3) In respect of any right or apparatus not falling within subsection (2), subsection (1) shall have effect subject—
(a) to any direction given by the acquiring authority before the completion of the acquisition that subsection (1) shall not apply to any right or apparatus specified in the direction; and
(b) to any agreement which may be made (whether before or after the completion of the acquisition) between the acquiring authority and the person in or to whom the right or apparatus in question is vested or belongs.
(4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority.
(5) Any compensation payable under this section shall be determined in accordance with the Land Compensation Act 1961.
(1) The council of any county in England, district or London borough or a joint planning board for an area in England outside Greater London may acquire by agreement—
(a) any building situated wholly or mainly in England appearing to them to be of special architectural or historic interest; and
(b) any land comprising or contiguous or adjacent to such a building which appears to the Secretary of State to be required—
(i) for preserving the building or its amenities, or
(ii) for affording access to it, or
(iii) for its proper control or management.
(2) The provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 10 and 31, shall apply in relation to the acquisition of land under subsection (1), but references in that Part to the execution of the works shall be construed as including references to—
(a) any erection, construction or carrying out of buildings or works authorised by section 237 of the principal Act; and
(b) any erection, construction or carrying out of buildings or works on behalf of a Minister or statutory undertakers on land acquired by that Minister or those undertakers, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.
53 Management of listed buildings acquired under this Act.
(1) Where—
(a) a local authority or joint planning board acquire any building or other land under section 47(1) or 52(1)(a) or (b); or
(b) the Commission acquire any building or other land under section 47(1),
they may make such arrangements as to its management, use or disposal as they consider appropriate for the purpose of its preservation.
(2) Where the Secretary of State acquires any building or other land under section 47(1), he may—
(a) make such arrangements as he thinks fit as to the management, custody or use of the building or land; and
(b) dispose of or otherwise deal with any such building or land as he may from time to time determine.
(3) The Commission may be a party to such arrangements as are mentioned in subsection (2) ....
(1) A local authority may execute any works which appear to them to be urgently necessary for the preservation of a listed building in their area.
(2) If it appears to the Secretary of State that any works are urgently necessary for the preservation of a listed building—
(a) ... he shall authorise the Commission to execute any works specified in the authorisation which appear to him to be urgently necessary for its preservation; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The works which may be executed under this section may consist of or include works for affording temporary support or shelter for the building.
(4) If ... the building is occupied works may be carried out only to those parts which are not in use.
(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The owner of the building must be given not less than seven days notice in writing of the intention to carry out the works and ... the Commission shall give that notice.
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A notice under subsection (5) ... shall describe the works proposed to be carried out.
(7) As respects buildings in Greater London, the functions of a local authority under this section are exercisable concurrently by the Commission and the relevant London borough council.
(1) This section has effect for enabling the expenses of works executed under section 54 to be recovered by the authority who carried out the works, that is to say the local authority, the Commission or the Secretary of State or, in the case of works carried out by the Commission on behalf of the Secretary of State, the Secretary of State.
(2) That authority may give notice to the owner of the building requiring him to pay the expenses of the works.
(3) Where the works consist of or include works for affording temporary support or shelter for the building—
(a) the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used; and
(b) notices under subsection (2) in respect of any such continuing expenses may be given from time to time.
(4) The owner may within 28 days of the service of the notice represent to the Secretary of State—
(a) that some or all of the works were unnecessary for the preservation of the building; or
(b) in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time; or
(c) that the amount specified in the notice is unreasonable; or
(d) that the recovery of that amount would cause him hardship,
and the Secretary of State shall determine to what extent the representations are justified.
(5) The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—
(a) to the owner of the building; and
(b) if the authority who gave notice under subsection (2) is a local authority or the Commission, to them.
(5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5E) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
56 Dangerous structure orders in respect of listed buildings.
Before taking any steps with a view to—
(a) the making of an order in respect of a listed building under section 77(1)(a) of the Building Act 1984 or section 65 or 69(1) of the London Building Acts (Amendment) Act 1939; or
(b) the service of a notice under section 79(1) of that Act of 1984 or section 62(2) of that Act of 1939,
a local planning authority shall consider whether they should instead exercise their powers under sections 47 and 48 or section 54.
57 Power of local authority to contribute to preservation of listed buildings etc.
(1) A local authority may contribute towards the expenses incurred or to be incurred in the repair or maintenance—
(a) of a listed building which is situate in or in the vicinity of their area; or
(b) of a building in their area which is not listed but appears to them to be of architectural or historic interest.
(2) At the time of making such a contribution the local authority may also contribute towards the expenses incurred, or to be incurred, in the upkeep of any garden occupied with the building and contiguous or adjacent to it.
(3) A contribution under this section may be made by grant or loan.
(4) A contribution by way of loan may be made upon such terms and conditions as the local authority may determine including (but without prejudice to the foregoing) a term that the loan shall be free of interest.
(5) A local authority—
(a) may renounce their right to repayment of such a loan or any interest for the time being outstanding, and
(b) by agreement with the borrower may otherwise vary any of the terms and conditions on which such a loan is made.
(6) A local authority may require as a condition of the making by them of a contribution under this section by way of grant towards the expenses of the repair or maintenance or upkeep of any property that the person to whom the grant is made shall enter into an agreement with them for the purpose of enabling the public to have access to the property or part of it during such period and at such times as the agreement may provide.
(7) In this section and in section 58 “local authority” means—
(a) the council of a county in England, borough or district,
(b) a joint planning board constituted under section 2 of the principal Act for an area in England, and
(c) in relation to a building or land in the Broads, the Broads Authority.
(1) If, during the period of three years beginning with the day on which a grant is made under section 57 towards the repair or maintenance or upkeep of any property (“the grant property”), the grantee disposes of the interest held by him in the property on that day or any part of that interest, by way of sale or exchange or lease for a term of not less than 21 years, the local authority may recover the amount of the grant, or such part of it as they think fit, from the grantee in any court of competent jurisdiction.
(2) If the grantee gives the whole of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (1) shall have effect as if the donee were the grantee.
(3) If the grantee gives part of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (1) shall have effect as if any disposal or part disposal of that interest by the donee were a disposal by the grantee.
(4) If any condition imposed on the making of a grant to which this section applies is contravened or not complied with, the grantor may recover the amount of the grant, or such part of it as he thinks fit, from the grantee.
(5) Nothing in this section entitles a grantor to recover amounts in the aggregate exceeding the amount of the grant (for example by virtue of a breach of more than one condition or disposals of several parts of an interest in the grant property).
59 Acts causing or likely to result in damage to listed buildings.
(1) If, with the intention of causing damage to a listed building, any relevant person does or permits the doing of any act which causes or is likely to result in damage to the building, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) A person is a relevant person for the purpose of subsection (1) if apart from that subsection he would be entitled to do or permit the act in question.
(3) Subsection (1) does not apply to an act for the execution—
(a) of works authorised by planning permission granted or deemed to be granted in pursuance of an application under the principal Act; or
(b) of works for which listed building consent has been given under this Act; or
(c) of works for which development consent has been granted under the Planning Act 2008.
(4) If a person convicted of an offence under this section fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the failure continues.
60 Exceptions for ecclesiastical buildings and redundant churches.
(1) The provisions mentioned in subsection (2) shall not apply to any ecclesiastical building which is for the time being used for ecclesiastical purposes.
(2) Those provisions are sections 3, ... 4, 7 to 9, 47, 54 and 59.
(3) For the purposes of subsection (1), a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building unless it is a building which is a chapel forming part of an episcopal house of residence and is included in the list maintained by the Church Buildings Council under section 38 of the Ecclesiastical Jurisdiction and Care of Churches Measure 2018 or is otherwise subject to the faculty jurisdiction.
(4) For the purposes of sections 7 to 9 a building shall be taken to be used for the time being for ecclesiastical purposes if it would be so used but for the works in question.
(5) The Secretary of State may by order provide for restricting or excluding the operation of subsections (1) to (3) in such cases as may be specified in the order.
(6) An order under this section may—
(a) make provision for buildings generally, for descriptions of building or for particular buildings;
(b) make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building;
(c) make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 1(5)) as may be made in relation to a building and make different provision for different parts of the same building;
(d) make different provision with respect to works of different descriptions or according to the extent of the works;
(e) make such consequential adaptations or modifications of the operation of any other provision of this Act or the principal Act, or of any instrument made under either of those Acts, as appear to the Secretary of State to be appropriate.
(7) Sections 7 to 9 shall not apply to the execution of works for the demolition, in pursuance of a pastoral or redundancy scheme (within the meaning of the Pastoral Measure 1983), of a redundant building (within the meaning of that Measure) or a part of such a building.
(1) The provisions mentioned in subsection (2) shall not apply to any building for the time being included in the schedule of monuments compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979.
(2) Those provisions are sections 3, 4, 7 to 9, 47, 54 and 59.
(1) Except as provided by section 63, the validity of—
(a) any order under section 23 or 26 (whether before or after it has been confirmed); or
(b) any such decision by the Secretary of State as is mentioned in subsection (2), or
(c) a relevant costs order made in connection with any such order or decision,
shall not be questioned in any legal proceedings whatsoever.
(2) Those decisions are—
(za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(a) any decision on an application referred to the Secretary of State under section 12 or on an appeal under section 20;
(aa) any decision to approve or reject a local listed building consent order or part of such an order;
(ab) any decision on an appeal under section 26K;
(b) any decision to confirm or not to confirm a listed building purchase notice including—
(i) any decision not to confirm such a notice in respect of part of the land to which it relates, and
(ii) any decision to grant any consent, or give any direction, in lieu of confirming such a notice, either wholly or in part;
(c) any decision to grant listed building consent under paragraph (a) of section 41(6) or to discharge a condition or limitation under paragraph (b) of that section;
(d) any decision on an application for listed building consent under section 82B.
(2A) In this section, “ relevant costs order ” means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act.
(3) Nothing in this section shall affect the exercise of any jurisdiction of any court in respect of any refusal or failure on the part of the Secretary of State to take any such decision as is mentioned in subsection (2).
63 Proceedings for questioning validity of other orders, decisions and directions.
(1) If any person is aggrieved by any such order or decision as is mentioned in section 62(1)(a) or (b) and wishes to question its validity on the grounds—
(a) that it is not within the powers of this Act, or
(b) that any of the relevant requirements have not been complied with in relation to it,
he may make an application to the High Court under this section.
(1A) If a person is aggrieved by a relevant costs order made in connection with an order or decision mentioned in section 62(1)(a) or (b) and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds—
(a) that the relevant costs order is not within the powers of this Act, or
(b) that any of the relevant requirements have not been complied with in relation to the order.
(2) Without prejudice to subsection (1) or (1A), if the authority directly concerned with any order or decision mentioned in section 62(1) wish to question its validity on any of the grounds mentioned in subsection (1) or (1A) (as the case may be), the authority may make an application to the High Court under this section.
(3) An application under this section may not be made without the leave of the High Court.
(3A) An application for leave for the purposes of subsection (3) must be made before the end of the period of six weeks beginning with the day after—
(a) in the case of an application relating to an order under section 23 that takes effect under section 25 without confirmation, the date on which the order takes effect;
(b) in the case of an application relating to any other order mentioned in section 62(1)(a), the date on which the order is confirmed;
(c) in the case of an application relating to a decision mentioned in section 62(1)(b) or a relevant costs order, the date on which the decision or order is made.
(3B) When considering whether to grant leave for the purposes of subsection (3), the High Court may make an interim order suspending the operation of any order or decision the validity of which the person or authority concerned wishes to question, until the final determination of—
(a) the question of whether leave should be granted, or
(b) where leave is granted, the proceedings on any application under this section made with such leave.
(4) On any application under this section (other than an application for leave) the High Court—
(a) may by interim order suspend the operation of any order or decision, the validity of which is questioned by the application, until the final determination of the proceedings; and
(b) if satisfied—
(i) that any such order or decision is not within the powers of this Act, or
(ii) that the interests of the applicant have been substantially prejudiced by a failure to comply with any of the relevant requirements in relation to it,
may quash that order or decision.
(5) References in this section to the confirmation of an order include the confirmation of an order subject to modifications.
(6) In this section—
“relevant costs order” has the same meaning as in section 62;
“the relevant requirements”—
in relation to an order or decision mentioned in section 62(1)(a) or (b), means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under either of those Acts, which are applicable to the order or decision;
in relation to a relevant costs order, means any requirements of this Act, of the Local Government Act 1972 or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under any of those Acts, which are applicable to the order.
(7) For the purposes of subsection (2) the authority directly concerned with an order or decision is—
(a) in relation to any such decision as is mentioned in section 62(2)(b)—
(i) the council on whom the listed building purchase notice was served, and
(ii) in a case where the Secretary of State has modified the notice wholly or in part by substituting another local authority or statutory undertakers for that council, also that authority or those statutory undertakers; and
(b) otherwise, the authority who—
(i) made the order or decision to which the proceedings in question relate, or
(ii) referred the matter to the Secretary of State, or
(iii) if the order was made by him, are the authority named in it.
64 Validity of listed building enforcement notices.
The validity of a listed building enforcement notice shall not, except by way of an appeal under section 39, be questioned in any proceedings whatsoever on any of the grounds on which such an appeal may be brought.
65 Appeals to High Court relating to listed building enforcement notices.
(1) Where the Secretary of State gives a decision in proceedings on an appeal under section 39 against a listed building enforcement notice, the appellant or the local planning authority or any other person having an interest in the land to which the notice relates may, according as rules of court may provide, either appeal to the High Court against the decision on a point of law or require the Secretary of State to state and sign a case for the opinion of the High Court.
(2) At any stage of the proceedings on any such appeal, the Secretary of State may state any question of law arising in the course of the proceedings in the form of a special case for the decision of the High Court.
(3) A decision of the High Court on a case stated by virtue of subsection (2) shall be deemed to be a judgment of the court within the meaning of section 16 of the Senior Courts Act 1981 (jurisdiction of the Court of Appeal to hear and determine appeals from any judgment of the High Court).
(3A) In proceedings brought by virtue of this section, the High Court or, as the case may be, the Court of Appeal may, on such terms, if any, as the Court thinks fit (which may include terms requiring the local planning authority to give an undertaking as to damages or any other matter), order that the listed building enforcement notice shall have effect, or have effect to such extent as may be specified in the order, pending the final determination of those proceedings and any re-hearing and determination by the Secretary of State.
(4) In relation to any proceedings in the High Court or the Court of Appeal brought by virtue of this section the power to make rules of court shall include power to make rules—
(a) prescribing the powers of the High Court or the Court of Appeal with respect to the remitting of the matter with the opinion or direction of the court for re-hearing and determination by the Secretary of State; and
(b) providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.
(5) No proceedings in the High Court shall be brought by virtue of this section except with the leave of that Court and no appeal to the Court of Appeal shall be so brought except with the leave of the Court of Appeal or of the High Court.
(6) In this section “decision” includes a direction or order, and references to the giving of a decision shall be construed accordingly.
(7) In the case of a listed building enforcement notice issued by the Commission subsection (1) shall apply as if the reference to the local planning authority were a reference to the Commission.
66 General duty as respects listed buildings in exercise of planning functions.
(1) In considering whether to grant planning permission or permission in principle for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.
(2) Without prejudice to section 72, in the exercise of the powers of appropriation, disposal and development (including redevelopment) conferred by the provisions of sections 232, 233 and 235(1) of the principal Act, a local authority shall have regard to the desirability of preserving features of special architectural or historic interest, and in particular, listed buildings.
(3) The reference in subsection (2) to a local authority includes a reference to a joint planning board . . .
(4) Nothing in this section applies in relation to neighbourhood development orders.
(5) In this section, “listed building includes a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales.
68 Reference to Commission of planning applications involving listed buildings in Greater London.
(1) Without prejudice to his powers by virtue of section 74(1) of the principal Act, the Secretary of State may by regulations provide for any application for planning permission to which this section applies to be referred to the Commission before it is dealt with by the local planning authority.
(2) This section applies to an application for planning permission for any development in Greater London which would, in the opinion of the local planning authority to which the application is made, involve the demolition, in whole or in part, or a material alteration, of a listed building.
(3) Regulations under this section may—
(a) provide for the Commission to give the referring authority directions as to the manner in which an application is to be dealt with; and
(b) provide that an application which satisfies such conditions as may be specified in the regulations need not be referred to the Commission.
(1) Every local planning authority—
(a) shall from time to time determine which parts of their area are areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance, and
(b) shall designate those areas as conservation areas.
(2) It shall be the duty of a local planning authority from time to time to review the past exercise of functions under this section and to determine whether any parts or any further parts of their area should be designated as conservation areas; and, if they so determine, they shall designate those parts accordingly.
(3) The Secretary of State may from time to time determine that any part of a local planning authority’s area which is not for the time being designated as a conservation area is an area of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance; and, if he so determines, he may designate that part as a conservation area.
(4) The designation of any area as a conservation area shall be a local land charge.
70 Designation of conservation areas: supplementary provisions.
(1) The functions of a local planning authority under section 69 and this section shall also be exercisable in Greater London by the Commission.
(2) Before making a determination under section 69 the Commission shall consult the council of each London borough of which any part is included in the area to which the proposed determination relates.
(3) Before making a determination under section 69(3) the Secretary of State shall consult the local planning authority.
(4) Before designating any area in Greater London as a conservation area the Commission shall obtain the consent of the Secretary of State.
(5) A local planning authority shall give notice of the designation of any part of their area as a conservation area under section 69(1) or (2) and of any variation or cancellation of any such designation—
(a) to the Secretary of State; and
(b) if ... the designation or, as the case may be, the variation or cancellation was not made by the Commission, to the Commission.
(6) The Secretary of State shall give notice of the designation of any part of the area of a local planning authority as a conservation area under section 69(3) and of any variation or cancellation of any such designation—
(a) to the authority; and
(b) ... to the Commission.
(7) A notice under subsection (5) or (6) shall contain sufficient particulars to identify the area affected.
(8) Notice of any such designation, variation or cancellation as is mentioned in subsection (5) or (6), with particulars of its effect, shall be published in the London Gazette and in at least one newspaper circulating in the area of the local planning authority, by that authority or, as the case may be, the Secretary of State.
71 Formulation and publication of proposals for preservation and enhancement of conservation areas.
(1) It shall be the duty of a local planning authority from time to time to formulate and publish proposals for the preservation and enhancement of any parts of their area which are conservation areas.
(2) Proposals under this section shall be submitted for consideration to a public meeting in the area to which they relate.
(3) The local planning authority shall have regard to any views concerning the proposals expressed by persons attending the meeting.
72 General duty as respects conservation areas in exercise of planning functions.
(1) In the exercise, with respect to any buildings or other land in a conservation area, of any functions under or by virtue of any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.
(2) The provisions referred to in subsection (1) are the planning Acts and Part I of the Historic Buildings and Ancient Monuments Act 1953 and sections 70 and 73 of the Leasehold Reform, Housing and Urban Development Act 1993.
(3) In subsection (2), references to provisions of the Leasehold Reform, Housing and Urban Development Act 1993 include references to those provisions as they have effect by virtue of section 118(1) of the Housing Act 1996.
(4) Nothing in this section applies in relation to neighbourhood development orders.
73 Publicity for applications affecting conservation areas.
(1) The Secretary of State may prescribe requirements as to publicity for applications for planning permission in cases where the local planning authority think that the development of land would affect the character or appearance of a conservation area.
(2) In this section references to planning permission do not include references to planning permissions falling within section 73A of the principal Act.
(1) Section 74 does not apply to—
(a) listed buildings;
(b) ecclesiastical buildings which are for the time being used for ecclesiastical purposes;
(c) buildings for the time being included in the schedule of monuments compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979; or
(d) buildings in relation to which a direction under subsection (2) is for the time being in force.
(2) The Secretary of State may direct that section 74 shall not apply to any description of buildings specified in the direction.
(3) A direction under subsection (2) may be given either to an individual local planning authority exercising functions under that section or to local planning authorities generally.
(4) The Secretary of State may vary or revoke a direction under subsection (2) by a further direction under that subsection.
(5) For the purposes of subsection (1)(b), a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.
(6) For the purposes of sections 7 to 9 as they apply by virtue of section 74(3) a building shall be taken to be used for the time being for ecclesiastical purposes if it would be so used but for the works in question.
(7) The Secretary of State may by order provide for restricting or excluding the operation of subsection (1)(b) in such cases as may be specified in the order.
(8) An order under subsection (7) may—
(a) make provision for buildings generally, for descriptions of building or for particular buildings;
(b) make different provision for buildings in different areas, for buildings of different religious faiths or denominations or according to the use made of the building;
(c) make such provision in relation to a part of a building (including, in particular, an object or structure falling to be treated as part of the building by virtue of section 1(5)) as may be made in relation to a building and make different provision for different parts of the same building;
(d) make different provision with respect to works of different descriptions or according to the extent of the works;
(e) make such consequential adaptations or modifications of the operation of any other provision of this Act or the principal Act, or of any instrument made under either of those Acts, as appear to the Secretary of State to be appropriate.
(9) Regulations under this Act may provide that subsections (5) to (8) shall have effect subject to such exceptions and modifications as may be prescribed, and any such regulations may make different provision—
(a) in relation to applications made by local planning authorities, and
(b) in relation to other applications.
(10) Any proceedings on or arising out of an application for conservation area consent made while section 74 applies to a building shall lapse if it ceases to apply to it, and any such consent granted with respect to the building shall also lapse.
(11) The fact that section 74 has ceased to apply to a building shall not affect the liability of any person to be prosecuted and punished for an offence under section 9 or 43 or section 196D of the principal Act (offence of failing to obtain, or comply with, planning permission for demolition of unlisted etc building in conservation area in England) committed with respect to the building while section 74 did apply to it.
76 Urgent works to preserve ... buildings in conservation areas.
(1) If it appears to the Secretary of State that the preservation of a building in a conservation area is important for maintaining the character or appearance of that area, he may direct that section 54 shall apply to it as it applies to listed buildings.
(2) The Secretary of State shall consult the Commission before giving a direction under subsection (1) ....
77 Grants and loans for preservation or enhancement of conservation areas.
(1) If in the opinion of the Commission any relevant expenditure has made or will make a significant contribution towards the preservation or enhancement of the character or appearance of any conservation area ... or any part of such an area, they may make grants or loans for the purposes of defraying the whole or part of that expenditure.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Expenditure is relevant for the purposes of subsection (1) ... if it has been or is to be incurred in or in connection with, or with a view to the promotion of, such preservation or enhancement as is mentioned in that subsection.
(4) A grant or loan under this section may be made subject to such conditions as the Commission ... may think fit to impose.
(5) Any loan under subsection (1) shall be made on such terms as to repayment, payment of interest and otherwise as the Commission may determine.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section applies to any grant under section 77 made on terms that it shall be recoverable under this section.
(2) A grant shall only be regarded as made on those terms if before or on making the grant the grantor gives the grantee notice in writing—
(a) summarising the effect of this section; and
(b) if the grant is made for the purpose of defraying the whole or part of expenditure in relation to any particular property (“the grant property”), specifying the recovery period.
(3) In this section “the recovery period” means the period, beginning with the day on which the grant is made and ending not more than ten years after that day, during which the grant is to be recoverable in accordance with subsection (4).
(4) If during the recovery period the grantee disposes of the interest which was held by him in the grant property on the day on which the grant was made or any part of that interest by way of sale or exchange or lease for a term of not less than 21 years, the grantor may recover the amount of the grant, or such part of it as the grantor thinks fit, from the grantee.
(5) If the grantee gives the whole of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (4) shall have effect as if the donee were the grantee.
(6) If the grantee gives part of that interest to any person (whether directly or indirectly, but otherwise than by will) subsection (4) shall have effect as if any disposal or part disposal of that interest by the donee were a disposal by the grantee.
(7) If any condition imposed on the making of a grant to which this section applies is contravened or not complied with, the grantor may recover the amount of the grant, or such part of it as he thinks fit, from the grantee.
(8) Nothing in this section entitles a grantor to recover amounts in the aggregate exceeding the amount of the grant (for example by virtue of a breach of more than one condition or disposals of several parts of an interest in the grant property).
(1) The Commission and one or more local authorities in England ... may enter an agreement (in this Act referred to as a “town scheme agreement”) that a specified sum of money shall be set aside for a specified period of years for the purpose of making grants for the repair of buildings which are—
(a) included in a list compiled for the purposes of such an agreement by the parties to the agreement, or by them and other such authorities, or
(b) shown on a map prepared for those purposes by the parties, or by them and such other authorities.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In this section “local authority” means—
(a) a county council;
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) a district council;
(c) in relation to any building situated within the Broads, the Broads Authority;
(ca) in relation to any building in a National Park for which a National Park authority is the local planning authority, that authority;
(d) a London borough council or the Common Council of the City of London;
(e) the Council of the Isles of Scilly.
80 Grants for repairing of buildings in town schemes.
(1) The Commission may make grants for the purpose of defraying the whole or part of any expenditure incurred or to be incurred in the repair of any building which—
(a) is the subject of a town scheme agreement;
(b) is situated in a conservation area ...; and
(c) appears to the Commission to be of architectural or historic interest.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A grant under this section may be made subject to conditions imposed by the Commission ... for such purposes as the Commission ... thinks fit.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The Commission ... may—
(a) pay any grant under this section to any authority which is a party to a town scheme agreement; and
(b) make arrangements with any such authority for the way in which the agreement is to be carried out.
(6) Those arrangements may include such arrangements for the offer and payment of grants under this section as the parties may agree.
(7) Section 78(4) to (8) shall apply to a grant under this section as it applies to a grant under that section, but taking the recovery period to be three years beginning with the day on which the grant is made.
In this Act “local planning authority” means a local planning authority for an area in England and shall be construed in accordance with Part I of the principal Act and Schedule 4 to this Act (which makes further provision as to the exercise of functions under this Act).
81A Power to decline to determine subsequent application
(1) A local planning authority may decline to determine an application for a relevant consent if—
(a) one or more of the conditions in subsections (2) to (4) is satisfied, and
(b) the authority think there has been no significant change in any material considerations since the relevant event.
(2) The condition is that in the period of two years ending with the date on which the application mentioned in subsection (1) is received the Secretary of State has refused a similar application referred to him under section 12.
(3) The condition is that in that period the Secretary of State has dismissed an appeal—
(a) against the refusal of a similar application, or
(b) under section 20(2) in respect of a similar application.
(4) The condition is that—
(a) in that period the local planning authority have refused more than one similar application, and
(b) there has been no appeal to the Secretary of State against any such refusal or, if there has been such an appeal, it has been withdrawn.
(5) Relevant consent is—
(a) listed building consent, or
(b) conservation area consent.
(6) The relevant event is—
(a) for the purposes of subsections (2) and (4) the refusal of the similar application;
(b) for the purposes of subsection (3) the dismissal of the appeal.
(7) An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.
(8) For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.
81B Power to decline to determine overlapping application
(1) A local planning authority may decline to determine an application for a relevant consent which is
(a) made on the same day as a similar application, or
(b) made at a time when any of the conditions in subsections (2) to (4) applies in relation to a similar application.
(2) The condition is that a similar application is under consideration by the local planning authority and the determination period for that application has not expired.
(3) The condition is that a similar application is under consideration by the Secretary of State in pursuance of section 12 or on an appeal under section 20 and the Secretary of State has not issued his decision.
(4) The condition is that a similar application—
(a) has been granted by the local planning authority,
(b) has been refused by them, or
(c) has not been determined by them within the determination period,
and the time within which an appeal could be made to the Secretary of State under section 20 has not expired.
(4A) If a local planning authority exercise their power under subsection (1)(a) to decline to determine an application made on the same day as a similar application, they may not also exercise that power to decline to determine the similar application.
(5) Relevant consent is—
(a) listed building consent, or
(b) conservation area consent.
(6) An application for relevant consent is similar to another application if (and only if) the local planning authority think that the building and works to which the applications relate are the same or substantially the same.
(7) The determination period is—
(a) the period prescribed for the determination of the application, or
(b) such longer period as the applicant and the authority have agreed for the determination of the application.
(8) For the purposes of an application for conservation area consent a reference to a provision of this Act is a reference to that provision as excepted or modified by regulations under section 74.
82 Application of Act to land and works of local planning authorities.
(1) In relation to land of a local planning authority, section 1(1) ... and (4) and sections 2 ..., and 39(6) 41(8), shall have effect subject to such exceptions and modifications as may be prescribed.
(2) The provisions mentioned in subsection (3) shall have effect for the purpose of applications by local planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed.
(3) Those provisions are sections 1(3), (5) and (6), ... 3 to 5, 7 to 26, 28, ... 32 to 50 (except section 39(6)), 60(1) to (4) (as it applies as respects the provisions mentioned in this subsection), 62 to 65, 67(2)(b), (6) and (7), 73(1), Schedules 1 ... and 2, paragraph 2 of Schedule 4 (as it applies to Schedule 1) and paragraph 4(1) of Schedule 4 (as it applies as respects the provisions mentioned in this subsection).
(4) Regulations under this section may in particular provide—
(a) for the making of applications for listed building consent to the Secretary of State; and
(b) for the issue or service by him of notices under section 2(3) and the provisions mentioned in subsection (3).
(1) This Act (except the provisions specified in subsection (2)) binds the Crown.
(2) These are the provisions—
(a) section 9;
(b) section 11(6);
(c) section 21(7);
(ca) section 26J;
(d) section 42(1), (5) and (6);
(e) section 43;
(f) section 44A;
(fza) section 44AB;
(fa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) section 54;
(h) section 55;
(i) section 59;
(j) section 88A.
(3) But subsection (2)(a) does not have effect to prohibit the doing of anything by or on behalf of the Crown which falls within the circumstances described in section 9(3)(a) to (d) and the doing of that thing does not contravene section 7.
82B Urgent works relating to Crown land: application
(1) This section applies to any works proposed to be executed in connection with any building which is on Crown land if the appropriate authority certifies—
(a) that the works are of national importance, and
(b) that it is necessary that the works are carried out as a matter of urgency.
(2) The appropriate authority may, instead of making an application for consent to the local planning authority in accordance with this Act, make an application for consent to the Secretary of State under this section.
(3) If the appropriate authority proposes to make the application to the Secretary of State it must publish in one or more newspapers circulating in the locality of the building a notice—
(a) describing the proposed works, and
(b) stating that the authority proposes to make the application to the Secretary of State.
(4) For the purposes of an application under this section the appropriate authority must provide to the Secretary of State a statement of the authority’s grounds for making the application.
(5) If the appropriate authority makes an application under this section subsections (6) to (9) below apply.
(6) The Secretary of State may require the authority to provide him with such further information as he thinks necessary to enable him to determine the application.
(7) As soon as practicable after he is provided with any document or other matter in pursuance of subsection (4) or (6) the Secretary of State must make a copy of the document or other matter available for inspection by the public in the locality of the proposed development.
(8) The Secretary of State must in accordance with such requirements as may be prescribed publish notice of the application and of the fact that such documents and other material are available for inspection.
(9) The Secretary of State must consult—
(a) the local planning authority for the area to which the proposed development relates, and
(b) such other persons as may be prescribed,
about the application.
(10) Subsection (7) does not apply to the extent that the document or other matter is subject to a direction under paragraph 6(6) of Schedule 3 (matters related to national security).
(11) Subsections (4) and (5) of section 12 apply to an application under this section as they apply to an application in respect of which a direction under section 12 has effect.
(1) In this Act, expressions relating to the Crown must be construed in accordance with this section.
(2) Crown land is land in which there is a Crown interest or a Duchy interest.
(3) A Crown interest is any of the following—
(a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates;
(b) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department;
(c) such other interest as the Secretary of State specifies by order.
(4) A Duchy interest is—
(a) an interest belonging to Her Majesty in right of the Duchy of Lancaster, or
(b) an interest belonging to the Duchy of Cornwall.
(5) A private interest is an interest which is neither a Crown interest nor a Duchy interest.
(6) The appropriate authority in relation to any land is—
(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;
(b) in relation to any other land belonging to Her Majesty in right of the Crown, the government department having the management of the land;
(c) in relation to land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;
(d) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;
(e) in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy, appoints;
(f) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department;
(g) in relation to Westminster Hall and the Chapel of St Mary Undercroft, the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly;
(h) in relation to Her Majesty’s Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, the Lord Great Chamberlain.
(7) If any question arises as to what authority is the appropriate authority in relation to any land it must be referred to the Treasury, whose decision is final.
(8) For the purposes of an application for listed building consent made by or on behalf of the Crown in respect of land which does not belong to the Crown or in respect of which it has no interest a reference to the appropriate authority must be construed as a reference to the person who makes the application.
(9) For the purposes of subsection (8) the Crown includes—
(a) the Duchy of Lancaster;
(b) the Duchy of Cornwall;
(c) a person who is an appropriate authority by virtue of subsection (6)(g) and (h).
(10) The reference to Her Majesty’s private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862.
(11) An order made for the purposes of paragraph (c) of subsection (3) must be made by statutory instrument.
(12) But no such order may be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.
(2) A local planning authority must not take any step for the purposes of enforcement in relation to Crown land unless it has the consent of the appropriate authority.
(3) The appropriate authority may give consent under subsection (2) subject to such conditions as it thinks appropriate.
(4) A step taken for the purposes of enforcement is anything done in connection with the enforcement of anything required to be done or prohibited by or under this Act.
(5) A step taken for the purposes of enforcement includes—
(a) entering land;
(b) bringing proceedings;
(c) the making of an application.
(6) A step taken for the purposes of enforcement does not include—
(a) service of a notice;
(b) the making of an order (other than by a court).