Decisión Nº 1212 del Consejo Permanente
Act repealed (E.W) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II and (S.) (27.5.1997) by 1997 c. 11. ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Act repealed (E.W) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II and (S.) (27.5.1997) by 1997 c. 11. ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II Ss. 7(2), 12(1)(b) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23 Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II S. 9 repealed by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), Sch. Words inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 22(1)(2) and repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III Words substituted by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 2 Pt. II Words substituted by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), s. 13(2) S. 10(1AA) inserted after subsection (1) by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 22(1)(3) and repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III Words inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 22(1)(5) and repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III Words substituted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 22(1)(6) S. 10(3A)(3B) inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 22(1)(7) and repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3 Sch. 1 Pt. III Words repealed by National Heritage Act 1983 (c. 47, SIF 78), Sch. 6 S. 10A inserted by Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), s. 48(1) Words inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 23(1)(2) and repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. III S. 10A(9) inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 23(1)(4) and repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. III S. 10B inserted (E.W.) by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1), Sch. 15 para. 28; whole Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II S. 10C inserted (E.W.S.) by Housing and Planning Act 1986 (c. 63, SIF 123:1, 2), s. 51; whole Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123;1, 2), s. 3, Sch. Pt. II Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 26 Words in s. 10C(11) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 88; S.I. 1996/323, art. 4(1)(b)(c) S. 12(1)(a) and word “and” repealed by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), Sch. Ss. 7(2), 12(1)(b) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23 S. 12(2) repealed by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), Sch. Words repealed by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), Sch. Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II Schs. 2, 3 repealed by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), Sch. The text of s. 7(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
The following provision shall be inserted in the Town and Country Planning Act 1971 (hereafter referred to as " the Act of 1971 " ) after section 10:—
In consequence of the amendment made by subsection (1) above, section 11 of the Act of 1971 (preparation of local plans for parts of planning areas for which structure plans have been approved or prepared, or are in course of being prepared) shall be amended by adding the following subsection at the end:—
The following provision shall be inserted in the Act of 1971 after that inserted by section 1(1) above—
The following subsections shall be substituted for subsections (3) and (4) of section 9 of the Act of 1971 (which specify the duties and powers of the Secretary of State in considering any structure plan submitted for his approval and, in particular, require him to consider any objections to the plan and to afford a hearing to the persons making them)—
For the purpose of preserving the existing law in relation to local plans, the following subsection shall be substituted for subsection (4) of section 14 of the Act of 1971 (which, amongst other things, applies section 9 of that Act with modifications where the Secretary of State has directed that a local plan shall not have effect unless approved by him)—
In consequence of subsection (2) above, in section 15(3) of the Act of 1971 the words from " but as if " to the end are hereby repealed.
For section 19 of the Act of 1971 there shall be substituted the following section:—;
In section 20(2) of the Act of 1971 (provisions as to what is to constitute the development plan for a London borough), the following shall be substituted for paragraphs (a) and (b)—.
The following provision shall be substituted for subsection (1) of section 86 of the Act of 1971 (under which the enactments relating to the control of office development in England and Wales are to cease to have effect at the end of the period of seven years beginning with 5th August 1965):—.
In consequence of the amendment made by subsection (1) above, Schedule 24 to the Act of 1971 (paragraph 19 of which has the effect that certain planning permissions granted before 1st April 1969 are to be taken as conditional upon the development to which they relate having been begun before the expiration of five years from that date, and paragraph 20 of which makes similar provision with respect to outline planning permissions) shall be amended by inserting the following paragraph after the said paragraph 20 (so that no account is taken of periods during which permissions granted before 5th August 1965 are treated as ineffective by reason of the enactments relating to office development)—
Section 82 of the Act of 1971 (provisions as to conditions imposed under or implied by the enactments relating to office development) shall be amended by adding the following subsection after subsection (5):—
Where any land has ceased to be within an area to which Part I of the Control of Office and Industrial Development Act 1965 applies by virtue of an order made under the said Part I before the passing of this Act, any planning permission relating to the land and having effect immediately before the coming into operation of the order subject to a condition to which section 8 of the said Act of 1965 applies shall have effect as from the passing of this Act free from the condition unless it is one which is the subject of a certificate under subsection (3) of that section.
Section 58 of the Act of 1971 shall be amended by adding at the end the following subsection:—
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This section applies to all buildings other than—
listed buildings, and
excepted buildings within the meaning of section 58(2) of the Act of 1971 (buildings, that is to say, excepted from the power of local planning authorities to serve building preservation notices in respect of non-listed buildings).
If it appears to a local planning authority in England or Wales that, in the interests of preserving the character or appearance of any part of their area which is for the time being a conservation area, there should be power to control the demolition of the buildings therein to which this section applies, or any one or more of those buildings, they may direct that the buildings or building in question be subject to control under this section; and while such a direction is in force as respects any building, the provisions of the Act of 1971 specified in Part I of Schedule 2 to this Act shall have effect in relation to the building subject to and in accordance with the provisions of that Part.
A local planning authority making a direction under subsection (2) above shall forthwith submit it to the Secretary of State for confirmation, and the Secretary of State may confirm the direction in the form in which it is submitted to him, confirm it subject to the exclusion of any building or buildings specified in the confirmation, or refuse to confirm it.
A direction under subsection (2) above shall come into force on the day on which it is confirmed by the Secretary of State or, if it contains a declaration by the local planning authority that it is expedient that it should have immediate effect, on the day on which it is made.
A local planning authority may by a direction made under this subsection, which shall not require confirmation by the Secretary of State but shall take effect on the day on which it is made, revoke any direction under subsection (2) above, or vary any such direction so as to exclude any building or buildings therefrom.
Where a building to which a direction under subsection (2) above relates becomes a listed building or ceases to be in a conservation area, the direction shall cease to be in force as respects that building; and, in the case of a direction containing such a declaration as is mentioned in subsection (4) above—
if during the period of six months beginning with the date on which the direction is made the Secretary of State notifies the local planning authority that he does not propose to confirm it, the direction shall cease to be in force as from the day on which the notification is received by them,
if during that period the Secretary of State confirms the direction subject to the exclusion of a specified building or buildings, the direction shall thereupon cease to be in force as respects that building or those buildings,
if neither of the above paragraphs applies, the direction shall cease to be in force at the end of that period unless the Secretary of State has by then confirmed it in the form in which it was submitted to him.
The provisions of Part II of Schedule 2 to this Act shall have effect for the purpose of supplementing the preceding provisions of this section.
The preceding provisions of this section and the said Schedule 2 shall be construed as one with the Act of 1971; and, in particular, the local planning authority for the purpose of this section shall, in Greater London, be the Greater London Council and also, in relation to a London borough, the council of that borough.
This section applies to all buildings other than—
listed buildings within the meaning of section 40(1) of the Town and Country Planning (Scotland) Act 1969 (hereinafter referred to as " the Act of 1969 "), and
buildings to which section 48(2) of the Act of 1969 applies (buildings, that is to say, excepted from the power of local planning authorities to serve building preservation notices in respect of non-listed buildings).
If it appears to a local planning authority in Scotland that, in the interests of preserving the character or appearance of any part of their district which is for the time being designated as a conservation area under section 1 of the Civic Amenities Act 1967, there should be power to control the demolition of the buildings therein to which this section applies, or any one or more of those buildings, they may direct that the buildings or building in question be subject to control under this section ; and while such a direction is in force as respects any building, the provisions of the Act of 1969 specified in Part I of Schedule 3 to this Act shall have effect in relation to the building subject to and in accordance with the provisions of that Part.
A local planning authority making a direction under subsection (2) above shall forthwith submit it to the Secretary of State for confirmation, and the Secretary of State may confirm the direction in the form in which it is submitted to him, confirm it subject to the exclusion of any building or buildings specified in the confirmation, or refuse to confirm it.
A direction under subsection (2) above shall come into force on the day on which it is confirmed by the Secretary of State or, if it contains a declaration by the local planning authority that it is expedient that it should have immediate effect, on the day on which it is made.
A local planning authority may by a direction made under this subsection, which shall not require confirmation by the Secretary of State but shall take effect on the day on which it is made, revoke any direction under subsection (2) above, or vary any such direction so as to exclude any building or buildings therefrom.
Where a building to which a direction under subsection (2) above relates becomes a listed building or ceases to be in a conservation area under the aforesaid Act of 1967, the direction shall cease to be in force as respects that building; and, in the case of a direction containing such a declaration as is mentioned in subsection (4) above—
if during the period of six months beginning with the date on which the direction is made the Secretary of State notifies the local planning authority that he does not propose to confirm it, the direction shall cease to be in force as from the day on which the notification is received by them,
if during that period the Secretary of State confirms the direction subject to the exclusion of a specified building or buildings, the direction shall thereupon cease to be in force as respects that building or those buildings,
if neither of the above paragraphs applies, the direction shall cease to be in force at the end of that period unless the Secretary of State has by then confirmed it in the form in which it was submitted to him.
The provisions of Part II of Schedule 3 to this Act shall have effect for the purpose of supplementing the preceding provisions of this section.
The preceding provisions of this section and the said Schedule 3 shall be construed as one with the Town and Country Planning (Scotland) Acts 1947 to 1969.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If the Secretary of State is of opinion that any area designated as a conservation area under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 262 of theTown and Country Planning (Scotland) Act 1972is an area of outstanding architectural or historic interest, he may out of moneys provided by Parliament make grants or loans for the purpose of defraying in whole or in part any expenditure incurred or to be incurred in or in connection with, or with a view to the promotion of, the preservation or enhancement of the character or appearance of the area or any part thereof.
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A grant or loan under this section may be made subject to such conditions as the Secretary of State . . . may think fit to impose.
Any loan under subsection (1) of this sectionshall be made on such terms as to repayment, payment of interest and otherwise as the Secretary of State may with the approval of the Treasury determine; and all sums received by the Secretary of State by way of interest on, or repayment of, such a loan shall be paid by him into the Consolidated Fund.
Before making any grant or loan under this section, the Secretary of State shall consult, both as to its making and as to the conditions subject to which it should be made, with . . . . . . the Historic Buildings Council for Scotland, . . . : Provided that this subsection shall not apply in a case where the making of a grant or loan appears to the Secretary of State to be a matter of immediate urgency.
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The Secretary of State may out of moneys provided by Parliament pay to any member of any of the Councils referred to in subsection (4) above by whom services are rendered in connection with any question as to the exercise of his powers under this section such remuneration and allowances as the Secretary of State may with the approval of the Minister for the Civil Service determine: Provided that, in the case of any such member who is also a member of the House of Commons, the payments which the Secretary of State may make under this subsection shall extend only to allowances in respect of travelling and subsistence expenses, and any other expenses necessarily incurred by that member in connection with the rendering of the services in question.
The section applies to any grant under section 10 above made on terms that it shall be recoverable under this section; but any such grant shall only be regarded for the purposes of this section as so made if before or on making the grant the Secretary of State . . . gives to the grantee notice in writing—
summarising the effect of this section; and
specifying the period during which the grant is to be recoverable in accordance with subsection (5) below in the case of a grant made for the purpose mentioned in subsection (4) below.
The period specified under subsection (1)(b) above in the case of any grant shall be a period beginning with the day on which the grant is made and ending not more than ten years after that day.
If any condition subject to which a grant to which this section applies was made is contravened or not complied with, the Secretary of State . . . may recover the amount of the grant or such part of it as he thinks . . . fit from the grantee.
The following provisions of this section have effect where a grant to which this section applies is made to any person for the purpose of defraying in whole or in part any expenditure in relation to any particular property; and references in those provisions to the relevant interest are references to the interest held by the grantee in that property on the day on which the grant is made.
If, during the period specified for the purpose of this subsection under subsection (1)(b) above, the grantee disposes of the relevant interest or any part of it by way of sale or exchange or lease for a term of not less than twenty-one years, the Secretary of State . . . may recover the amount of the grant or such part of it as he thinks . . . fit from the grantee.
If a person becomes entitled by way of gift from the grantee, whether directly or indirectly (but otherwise than by will) to a part of the relevant interest, a disposal by the donee in any manner mentioned in subsection (5) above of the interest so acquired by him in the property, or any part of that interest, shall be treated for the purposes of that subsection as a disposal by the grantee of a part of the relevant interest.
If a person becomes entitled by way of any such gift to the whole of the relevant interest subsection (5) above shall have effect as if the donee were the grantee.
Nothing in subsection (3) or (5) above shall be taken as conferring on the Secretary of State . . . a right to recover (by virtue of a breach of more than one condition or disposals of several parts of an interest in property) amounts in the aggregate exceeding the amount of the grant.
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The Secretary of State may make grants for the purpose of defraying in whole or in part any expenditure incurred or to be incurred in the repair of a building which—
is comprised in a town scheme; and
appears to him to be of architectural or historic interest.
For the purposes of this section a building is comprised in a town scheme if—
it is in an area—
designated as a conservation area under section 262 of the Act of 1972; and
appearing to the Secretary of State to be of outstanding architectural or historic interest; and
it is included in a town scheme list or shown on a town scheme map.
In subsection (2) above—
“town scheme list”, means a list, compiled, after consultation with the Historic Buildings Council for Scotland, by the Secretary of State and one or more local authorities, of buildings which are to be the subject of a repair grant agreement; and
“town scheme map” means a map, prepared after such consultation by the Secretary of State and one or more local authorities, showing buildings which are to be the subject of such an agreement.
In subsection (3) above— “repair grant agreement”means an agreement between the Secretary of State and any authority who have participated in the compilation of a town scheme list or the preparation of a town scheme map under which the Secretary of State and the authority or authorities who have so participated have agreed 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 the buildings included in the town scheme list or shown on the town scheme map.
A grant under this section may be made subject to conditions imposed by the Secretary of State for such purposes as he may think fit.
Subject to subsection (7) below, before making any grant under this section the Secretary of State may consult with the Council, both as to the making of the grant and as to the conditions subject to which it should be made.
Subsection (6) above shall not apply where the making of a grant appears to the Secretary of State to be a matter of immediate urgency.
The Secretary of State may pay any grant under this section to an authority participating in a town scheme and may make arrangements with any such authority for the way in which the scheme is to be administered.
Arrangements under subsection (8) above may include such arrangements for the offer and payment of grants under this section as may be agreed between the Secretary of State and any authority or authorities participating in a town scheme.
Section 58 of the Planning (Listed Buildings and Conservation Areas) Act 1990(recovery of grants made by local authorities on disposal of property within three years) shall apply to a grant made by the Secretary of State under this section as it applies to a grant for the repair of property made by a local authority under that Act; and any reference to a local authority in that section shall accordingly be construed, in relation to a grant under this section, as a reference to the Secretary of State.
In this section “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums so payable under any other enactment.
This Act may be cited as the Town and Country Planning (Amendment) Act 1972, . . . —
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Sections 1 to 6 . . . of this Act (with Schedules 1 . . . ) do not extend to Scotland, and nothing in this Act extends to Northern Ireland.
Section 8(2)(7).
Section 55 of the Act of 1971 (requirement of consent of local planning authority or Secretary of State to works affecting listed buildings) shall apply in relation to any works for the demolition of the building as if it were a listed building, but with the omission of subsections (2)(b) and (3); and subsections (3), (5) and (6) of section 56 of the Act, paragraph 2 of Schedule 3 thereto, and Parts I and II of Schedule 11 thereto (supplementary) shall apply accordingly in relation to listed building consent for any such works, but—
with the said subsection (3) modified by the substitution, for the reference to the desirability of preserving the building or any features of special architectural or historic interest which it possesses, of a reference to the desirability of preserving the character or appearance of the conservation area, and
with the omission from the said Parts I and II of paragraph 5, sub-paragraphs (3) and (4) of paragraph 6, paragraph 7, sub-paragraphs (2) and (3)(b) of paragraph 8 and paragraph 11.
Sections 96 to 99 of the Act of 1971 (listed building enforcement notices) shall apply in relation to the building as if it were a listed building, but—
with section 96(1) modified by the substitution, for the words " the character of the building as one of special architectural or historic interest " , of the words " the character or appearance of the conservation area in which the building is situated ",
with section 97(1) modified by the substitution of the following for paragraph (a)—, and
with the omission from section 97(5) of paragraphs (b) and (c).
Section 172 of the Act of 1971 (compensation) shall have effect on the revocation or modification as mentioned in subsection (1) of that section of any fisted building consent granted in respect of the building ; and section 190 of the Act and Schedule 19 thereto (listed building purchase notices) shall have effect where listed building consent in respect of the building is refused, granted subject to conditions, revoked or modified as mentioned in subsection (1) of the said section 190.
If the building is Crown land, section 266(1)(b) of the Act of 1971 shall have effect with respect to the application of any provision thereto by virtue of this Part of this Schedule.
On the confirmation by the Secretary of State of any direction made under subsection (2) of section 8 of this Act by a local planning authority other than the council of a county borough, or the making by any such local planning authority of a direction under subsection (5) of that section, a copy of the direction certified by the clerk to the authority to be a true copy, together with a similarly certified copy of the confirmation in the case of a direction under the said subsection (2), shall be deposited by the authority as follows—
in the case of a direction made by a county council or a joint planning board, with the clerk to the council of any county district in which any building to which the direction relates is situated,
in the case of a direction made by the Greater London Council, with the clerk to the council of any London borough in which any building to which the direction relates is situated, and
in the case of a direction made by the council of a London borough, with the clerk of the Greater London Council.
On the confirmation by the Secretary of State of any direction under subsection (2) of the said section 8, or the making of any direction under subsection (5) of that section, the direction and confirmation or, as the case may be, the direction shall be registered in the register of local land charges, in such manner as may be prescribed by rules made for the purposes of this paragraph under section 15(6) of the Land Charges Act 1925, by the proper officer of the council of every county borough, county district or London borough in which any building to which the direction relates is situated. Every local authority with whom a copy of any direction is deposited under paragraph 5 above shall compile and keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their area to which the direction relates.
A local planning authority making a direction under subsection (2) of the said section 8 containing such a declaration as is mentioned in subsection (4) of that section shall forthwith serve on every person who is an owner or occupier of any building to which the direction relates a notice stating that the direction has been made and explaining its effect, and, on being notified by the Secretary of State of his decision with respect to confirmation of the direction, shall forthwith notify every such person of the decision ; and where any direction under the said subsection (2) not containing such a declaration is confirmed by the Secretary of State, or a direction is made under subsection (5) of the said section 8, the local planning authority making the direction shall forthwith serve on every person who is an owner or occupier of any building affected by the direction a notice stating that the direction has been made and confirmed or, as the case may be, made, and (unless it is a direction under the said subsection (5)) explaining its effect.
If a direction under subsection (2) of the said section 8 containing such a declaration as is mentioned in subsection (4) of that section ceases to be in force as respects any building by virtue of paragraph (a), (b) or (c) of subsection (6) of that section, then, subject to a claim in that behalf being made to the local planning authority within the time and in the manner prescribed by regulations under the Act of 1971, any person who at the time when the direction was made had an interest in the building shall be entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the direction. The loss or damage in respect of which compensation is payable under sub-paragraph (1) above shall include a sum payable in respect of a breach of contract caused by the necessity of countermanding any works to the building on account of die direction being in force with respect thereto.
The following provisions of this paragraph shall have effect where any direction under subsection (2) of the said section 8 ceases to be in force as respects any building, but, in the case of sub-paragraph (4), not where the direction ceases to be in force by reason of the building becoming a listed building. The fact that the direction has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 55 or 98 of the Act of 1971 committed by him with respect to the building while the direction was in force. Any proceedings on or arising out of an application for listed building consent made while the direction was in force shall lapse, and any listed building consent granted with respect to the building while the direction was in force shall also lapse. Any listed building enforcement notice served by the local planning authority while the direction was in force shall cease to have effect, and any proceedings thereon under sections 96 and 97 of the Act of 1971 shall lapse, but section 99(1) and (2) of that Act shall continue to have effect as respects any expenses incurred by the local authority, owner or occupier as therein mentioned and with respect to any sums paid on account of such expenses.
Section 9(2)(7).
Subsections (2), (4)(a) and (6) to (8) of section 40 of the Act of 1969 (requirement of consent of local planning authority or Secretary of State to works affecting listed buildings) shall apply in relation to any works for the demolition of the building as if it were a listed building ; and subsections (3), (5) and (6) of section 41 of the Act, section 56 of the Act, and Parts I and II of Schedule 4 thereto with section 22 as it applies to appeals under that Schedule, shall apply accordingly in relation to listed building consent for any such works, but—
with the said subsection (3) modified by the substitution, for the reference to the desirability of preserving the building or any features of special architectural or historic interest which it possesses, of a reference to the desirability of preserving the character or appearance of the conservation area, and
with the omission from the said Parts I and II of paragraph 4, paragraph 5, sub-paragraphs (2) and (3)(b) of paragraph 6 and paragraph 9.
Sections 44 to 46 of the Act of 1969 and Part IV of Schedule 4 to that Act with section 22 as it applies to appeals under that Schedule (listed building enforcement notices) shall apply in relation to the building as if it were a listed building, but—
with section 44(1) modified by the substitution, for the words " the character of the building as one of special architectural or historic interest", of the words " the character or appearance of the conservation area in which the building is situated " ,
with sub-paragraph (1) of paragraph 17 of Schedule 4 modified by the substitution of the following for paragraph (a)—,
with the omission from sub-paragraph (5) of the said paragraph 17 of paragraphs (b) and (c).
Section 42 of the Act of 1969 and Part III of Schedule 4 thereto (listed building purchase notices) shall, subject to subsections (4) and (5) of section 51 of the Act, have effect where listed building consent in respect of the building is refused, granted subject to conditions, revoked or modified as mentioned in subsection (1) of the said section 42.
If the building is Crown land within the meaning of section 83 of the Town and Country Planning (Scotland) Act 1947, subsection (2)(b) of that section (whereby the restrictions imposed by certain provisions of that Act apply to a limited extent to Crown land) shall have effect as if the provisions of this Act, in its application to Scotland, were included in Part II of that Act.
On the confirmation by the Secretary of State of any direction made under subsection (2) of section 9 of this Act by a local planning authority, or the making by any local planning authority of a direction under subsection (5) of that section, a copy of the direction and confirmation or of the direction as the case may be certified by the clerk of the authority to be a true copy, shall be deposited by that authority with the clerk of any local authority in whose district any building to which the direction relates is situated. In this paragraph " local authority " means a county council or the town council of a burgh.
Every local authority with whom a copy of any direction is deposited under paragraph 5 above shall compile and keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their district to which the direction relates.
A local planning authority making a direction under subsection (2) of the said section 9 containing such a declaration as is mentioned in subsection (4) of that section shall forthwith serve on every person who is an owner, lessee, or occupier of any building to which the direction relates a notice stating that the direction has been made and explaining its effect, and, on being notified by the Secretary of State of his decision with respect to confirmation of the direction, shall forthwith notify every such person of the decision ; and where any direction under the said subsection (2) not containing such a declaration is confirmed by the Secretary of State, or a direction is made under subsection (5) of the said section 9, the local planning authority making the direction shall forthwith serve on every person who is an owner, lessee, or occupier of any building affected by the direction a notice stating that the direction has been made and confirmed or, as the case may be, made, and (unless it is a direction under the said subsection (5)) explaining its effect
If a direction under subsection (2) of the said section 9 containing such a declaration as is mentioned in subsection (4) of that section ceases to be in force as respects any building by virtue of paragraph (a), (b) or (c) of subsection (6) of that section, then, subject to a claim in that behalf being made to the local planning authority within the prescribed time and in the prescribed manner, any person who at the time when the direction was made had an interest in the building shall be entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the direction. The loss or damage in respect of which compensation is payable under sub-paragraph (1) above shall include a sum payable in respect of a breach of contract caused by the necessity of countermanding any works to the building on account of the direction being in force with respect thereto.
The following provisions of this paragraph shall have effect where any direction under sub-paragraph (2) of the said section 9 ceases to be in force as respects any building, but, in the case of sub-paragraph (4), not where the direction ceases to be in force by reason of the building becoming a listed building. The fact that the direction has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 40 or 45 of the Act of 1969 committed by him with respect to the building while the direction was in force. Any proceedings on or arising out of an application for listed building consent made while the direction was in force shall lapse, and any listed building consent granted with respect to the building while the notice was in force shall also lapse. Any listed building enforcement notice served by the local planning authority while the direction was in force shall cease to have effect, and any proceedings thereon under Part IV of Schedule 4 to the Act of 1969 shall lapse, but section 46(1) and (2) of that Act shall continue to have effect as respects any expenses incurred by the local authority, owner, lessee or occupier as therein mentioned and with respect to any sums paid on account of such expenses.
Act repealed (E.W) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II and (S.) (27.5.1997) by 1997 c. 11. ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Act repealed (E.W) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II and (S.) (27.5.1997) by 1997 c. 11. ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3) Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II Ss. 7(2), 12(1)(b) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23 Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II S. 9 repealed by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), Sch. Words inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 22(1)(2) and repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III Words repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III Words substituted by Town and Country Planning (Scotland) Act 1972 (c. 52, SIF 123:2), Sch. 2 Pt. II Words substituted by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), s. 13(2) S. 10(1AA) inserted after subsection (1) by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 22(1)(3) and repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III Words inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 22(1)(5) and repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3, Sch. 1 Pt. III Words substituted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 22(1)(6) S. 10(3A)(3B) inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 22(1)(7) and repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 3 Sch. 1 Pt. III Words repealed by National Heritage Act 1983 (c. 47, SIF 78), Sch. 6 S. 10A inserted by Ancient Monuments and Archaeological Areas Act 1979 (c. 46, SIF 3), s. 48(1) Words inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 23(1)(2) and repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. III S. 10A(9) inserted by National Heritage Act 1983 (c. 47, SIF 78), Sch. 4 para. 23(1)(4) and repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123: 1, 2), s. 3, Sch. 1 Pt. III S. 10B inserted (E.W.) by Local Government, Planning and Land Act 1980 (c. 65, SIF 123:1), Sch. 15 para. 28; whole Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II S. 10C inserted (E.W.S.) by Housing and Planning Act 1986 (c. 63, SIF 123:1, 2), s. 51; whole Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123;1, 2), s. 3, Sch. Pt. II Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 26 Words in s. 10C(11) substituted (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 88; S.I. 1996/323, art. 4(1)(b)(c) S. 12(1)(a) and word “and” repealed by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), Sch. Ss. 7(2), 12(1)(b) repealed by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23 S. 12(2) repealed by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), Sch. Words repealed by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), Sch. Act repealed (E.W.) by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. II Schs. 2, 3 repealed by Town and Country Amenities Act 1974 (c. 32, SIF 123:1), Sch. The text of s. 7(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
The following provision shall be inserted in the Town and Country Planning Act 1971 (hereafter referred to as " the Act of 1971 " ) after section 10:—
In consequence of the amendment made by subsection (1) above, section 11 of the Act of 1971 (preparation of local plans for parts of planning areas for which structure plans have been approved or prepared, or are in course of being prepared) shall be amended by adding the following subsection at the end:—
The following provision shall be inserted in the Act of 1971 after that inserted by section 1(1) above—
The following subsections shall be substituted for subsections (3) and (4) of section 9 of the Act of 1971 (which specify the duties and powers of the Secretary of State in considering any structure plan submitted for his approval and, in particular, require him to consider any objections to the plan and to afford a hearing to the persons making them)—
For the purpose of preserving the existing law in relation to local plans, the following subsection shall be substituted for subsection (4) of section 14 of the Act of 1971 (which, amongst other things, applies section 9 of that Act with modifications where the Secretary of State has directed that a local plan shall not have effect unless approved by him)—
In consequence of subsection (2) above, in section 15(3) of the Act of 1971 the words from " but as if " to the end are hereby repealed.
For section 19 of the Act of 1971 there shall be substituted the following section:—;
In section 20(2) of the Act of 1971 (provisions as to what is to constitute the development plan for a London borough), the following shall be substituted for paragraphs (a) and (b)—.
The following provision shall be substituted for subsection (1) of section 86 of the Act of 1971 (under which the enactments relating to the control of office development in England and Wales are to cease to have effect at the end of the period of seven years beginning with 5th August 1965):—.
In consequence of the amendment made by subsection (1) above, Schedule 24 to the Act of 1971 (paragraph 19 of which has the effect that certain planning permissions granted before 1st April 1969 are to be taken as conditional upon the development to which they relate having been begun before the expiration of five years from that date, and paragraph 20 of which makes similar provision with respect to outline planning permissions) shall be amended by inserting the following paragraph after the said paragraph 20 (so that no account is taken of periods during which permissions granted before 5th August 1965 are treated as ineffective by reason of the enactments relating to office development)—
Section 82 of the Act of 1971 (provisions as to conditions imposed under or implied by the enactments relating to office development) shall be amended by adding the following subsection after subsection (5):—
Where any land has ceased to be within an area to which Part I of the Control of Office and Industrial Development Act 1965 applies by virtue of an order made under the said Part I before the passing of this Act, any planning permission relating to the land and having effect immediately before the coming into operation of the order subject to a condition to which section 8 of the said Act of 1965 applies shall have effect as from the passing of this Act free from the condition unless it is one which is the subject of a certificate under subsection (3) of that section.
Section 58 of the Act of 1971 shall be amended by adding at the end the following subsection:—
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This section applies to all buildings other than—
listed buildings, and
excepted buildings within the meaning of section 58(2) of the Act of 1971 (buildings, that is to say, excepted from the power of local planning authorities to serve building preservation notices in respect of non-listed buildings).
If it appears to a local planning authority in England or Wales that, in the interests of preserving the character or appearance of any part of their area which is for the time being a conservation area, there should be power to control the demolition of the buildings therein to which this section applies, or any one or more of those buildings, they may direct that the buildings or building in question be subject to control under this section; and while such a direction is in force as respects any building, the provisions of the Act of 1971 specified in Part I of Schedule 2 to this Act shall have effect in relation to the building subject to and in accordance with the provisions of that Part.
A local planning authority making a direction under subsection (2) above shall forthwith submit it to the Secretary of State for confirmation, and the Secretary of State may confirm the direction in the form in which it is submitted to him, confirm it subject to the exclusion of any building or buildings specified in the confirmation, or refuse to confirm it.
A direction under subsection (2) above shall come into force on the day on which it is confirmed by the Secretary of State or, if it contains a declaration by the local planning authority that it is expedient that it should have immediate effect, on the day on which it is made.
A local planning authority may by a direction made under this subsection, which shall not require confirmation by the Secretary of State but shall take effect on the day on which it is made, revoke any direction under subsection (2) above, or vary any such direction so as to exclude any building or buildings therefrom.
Where a building to which a direction under subsection (2) above relates becomes a listed building or ceases to be in a conservation area, the direction shall cease to be in force as respects that building; and, in the case of a direction containing such a declaration as is mentioned in subsection (4) above—
if during the period of six months beginning with the date on which the direction is made the Secretary of State notifies the local planning authority that he does not propose to confirm it, the direction shall cease to be in force as from the day on which the notification is received by them,
if during that period the Secretary of State confirms the direction subject to the exclusion of a specified building or buildings, the direction shall thereupon cease to be in force as respects that building or those buildings,
if neither of the above paragraphs applies, the direction shall cease to be in force at the end of that period unless the Secretary of State has by then confirmed it in the form in which it was submitted to him.
The provisions of Part II of Schedule 2 to this Act shall have effect for the purpose of supplementing the preceding provisions of this section.
The preceding provisions of this section and the said Schedule 2 shall be construed as one with the Act of 1971; and, in particular, the local planning authority for the purpose of this section shall, in Greater London, be the Greater London Council and also, in relation to a London borough, the council of that borough.
This section applies to all buildings other than—
listed buildings within the meaning of section 40(1) of the Town and Country Planning (Scotland) Act 1969 (hereinafter referred to as " the Act of 1969 "), and
buildings to which section 48(2) of the Act of 1969 applies (buildings, that is to say, excepted from the power of local planning authorities to serve building preservation notices in respect of non-listed buildings).
If it appears to a local planning authority in Scotland that, in the interests of preserving the character or appearance of any part of their district which is for the time being designated as a conservation area under section 1 of the Civic Amenities Act 1967, there should be power to control the demolition of the buildings therein to which this section applies, or any one or more of those buildings, they may direct that the buildings or building in question be subject to control under this section ; and while such a direction is in force as respects any building, the provisions of the Act of 1969 specified in Part I of Schedule 3 to this Act shall have effect in relation to the building subject to and in accordance with the provisions of that Part.
A local planning authority making a direction under subsection (2) above shall forthwith submit it to the Secretary of State for confirmation, and the Secretary of State may confirm the direction in the form in which it is submitted to him, confirm it subject to the exclusion of any building or buildings specified in the confirmation, or refuse to confirm it.
A direction under subsection (2) above shall come into force on the day on which it is confirmed by the Secretary of State or, if it contains a declaration by the local planning authority that it is expedient that it should have immediate effect, on the day on which it is made.
A local planning authority may by a direction made under this subsection, which shall not require confirmation by the Secretary of State but shall take effect on the day on which it is made, revoke any direction under subsection (2) above, or vary any such direction so as to exclude any building or buildings therefrom.
Where a building to which a direction under subsection (2) above relates becomes a listed building or ceases to be in a conservation area under the aforesaid Act of 1967, the direction shall cease to be in force as respects that building; and, in the case of a direction containing such a declaration as is mentioned in subsection (4) above—
if during the period of six months beginning with the date on which the direction is made the Secretary of State notifies the local planning authority that he does not propose to confirm it, the direction shall cease to be in force as from the day on which the notification is received by them,
if during that period the Secretary of State confirms the direction subject to the exclusion of a specified building or buildings, the direction shall thereupon cease to be in force as respects that building or those buildings,
if neither of the above paragraphs applies, the direction shall cease to be in force at the end of that period unless the Secretary of State has by then confirmed it in the form in which it was submitted to him.
The provisions of Part II of Schedule 3 to this Act shall have effect for the purpose of supplementing the preceding provisions of this section.
The preceding provisions of this section and the said Schedule 3 shall be construed as one with the Town and Country Planning (Scotland) Acts 1947 to 1969.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If the Secretary of State is of opinion that any area designated as a conservation area under. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . section 262 of theTown and Country Planning (Scotland) Act 1972is an area of outstanding architectural or historic interest, he may out of moneys provided by Parliament make grants or loans for the purpose of defraying in whole or in part any expenditure incurred or to be incurred in or in connection with, or with a view to the promotion of, the preservation or enhancement of the character or appearance of the area or any part thereof.
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A grant or loan under this section may be made subject to such conditions as the Secretary of State . . . may think fit to impose.
Any loan under subsection (1) of this sectionshall be made on such terms as to repayment, payment of interest and otherwise as the Secretary of State may with the approval of the Treasury determine; and all sums received by the Secretary of State by way of interest on, or repayment of, such a loan shall be paid by him into the Consolidated Fund.
Before making any grant or loan under this section, the Secretary of State shall consult, both as to its making and as to the conditions subject to which it should be made, with . . . . . . the Historic Buildings Council for Scotland, . . . : Provided that this subsection shall not apply in a case where the making of a grant or loan appears to the Secretary of State to be a matter of immediate urgency.
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The Secretary of State may out of moneys provided by Parliament pay to any member of any of the Councils referred to in subsection (4) above by whom services are rendered in connection with any question as to the exercise of his powers under this section such remuneration and allowances as the Secretary of State may with the approval of the Minister for the Civil Service determine: Provided that, in the case of any such member who is also a member of the House of Commons, the payments which the Secretary of State may make under this subsection shall extend only to allowances in respect of travelling and subsistence expenses, and any other expenses necessarily incurred by that member in connection with the rendering of the services in question.
The section applies to any grant under section 10 above made on terms that it shall be recoverable under this section; but any such grant shall only be regarded for the purposes of this section as so made if before or on making the grant the Secretary of State . . . gives to the grantee notice in writing—
summarising the effect of this section; and
specifying the period during which the grant is to be recoverable in accordance with subsection (5) below in the case of a grant made for the purpose mentioned in subsection (4) below.
The period specified under subsection (1)(b) above in the case of any grant shall be a period beginning with the day on which the grant is made and ending not more than ten years after that day.
If any condition subject to which a grant to which this section applies was made is contravened or not complied with, the Secretary of State . . . may recover the amount of the grant or such part of it as he thinks . . . fit from the grantee.
The following provisions of this section have effect where a grant to which this section applies is made to any person for the purpose of defraying in whole or in part any expenditure in relation to any particular property; and references in those provisions to the relevant interest are references to the interest held by the grantee in that property on the day on which the grant is made.
If, during the period specified for the purpose of this subsection under subsection (1)(b) above, the grantee disposes of the relevant interest or any part of it by way of sale or exchange or lease for a term of not less than twenty-one years, the Secretary of State . . . may recover the amount of the grant or such part of it as he thinks . . . fit from the grantee.
If a person becomes entitled by way of gift from the grantee, whether directly or indirectly (but otherwise than by will) to a part of the relevant interest, a disposal by the donee in any manner mentioned in subsection (5) above of the interest so acquired by him in the property, or any part of that interest, shall be treated for the purposes of that subsection as a disposal by the grantee of a part of the relevant interest.
If a person becomes entitled by way of any such gift to the whole of the relevant interest subsection (5) above shall have effect as if the donee were the grantee.
Nothing in subsection (3) or (5) above shall be taken as conferring on the Secretary of State . . . a right to recover (by virtue of a breach of more than one condition or disposals of several parts of an interest in property) amounts in the aggregate exceeding the amount of the grant.
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The Secretary of State may make grants for the purpose of defraying in whole or in part any expenditure incurred or to be incurred in the repair of a building which—
is comprised in a town scheme; and
appears to him to be of architectural or historic interest.
For the purposes of this section a building is comprised in a town scheme if—
it is in an area—
designated as a conservation area under section 262 of the Act of 1972; and
appearing to the Secretary of State to be of outstanding architectural or historic interest; and
it is included in a town scheme list or shown on a town scheme map.
In subsection (2) above—
“town scheme list”, means a list, compiled, after consultation with the Historic Buildings Council for Scotland, by the Secretary of State and one or more local authorities, of buildings which are to be the subject of a repair grant agreement; and
“town scheme map” means a map, prepared after such consultation by the Secretary of State and one or more local authorities, showing buildings which are to be the subject of such an agreement.
In subsection (3) above— “repair grant agreement”means an agreement between the Secretary of State and any authority who have participated in the compilation of a town scheme list or the preparation of a town scheme map under which the Secretary of State and the authority or authorities who have so participated have agreed 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 the buildings included in the town scheme list or shown on the town scheme map.
A grant under this section may be made subject to conditions imposed by the Secretary of State for such purposes as he may think fit.
Subject to subsection (7) below, before making any grant under this section the Secretary of State may consult with the Council, both as to the making of the grant and as to the conditions subject to which it should be made.
Subsection (6) above shall not apply where the making of a grant appears to the Secretary of State to be a matter of immediate urgency.
The Secretary of State may pay any grant under this section to an authority participating in a town scheme and may make arrangements with any such authority for the way in which the scheme is to be administered.
Arrangements under subsection (8) above may include such arrangements for the offer and payment of grants under this section as may be agreed between the Secretary of State and any authority or authorities participating in a town scheme.
Section 58 of the Planning (Listed Buildings and Conservation Areas) Act 1990(recovery of grants made by local authorities on disposal of property within three years) shall apply to a grant made by the Secretary of State under this section as it applies to a grant for the repair of property made by a local authority under that Act; and any reference to a local authority in that section shall accordingly be construed, in relation to a grant under this section, as a reference to the Secretary of State.
In this section “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
There shall be paid out of moneys provided by Parliament any increase attributable to this Act in the sums so payable under any other enactment.
This Act may be cited as the Town and Country Planning (Amendment) Act 1972, . . . —
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Sections 1 to 6 . . . of this Act (with Schedules 1 . . . ) do not extend to Scotland, and nothing in this Act extends to Northern Ireland.
Section 8(2)(7).
Section 55 of the Act of 1971 (requirement of consent of local planning authority or Secretary of State to works affecting listed buildings) shall apply in relation to any works for the demolition of the building as if it were a listed building, but with the omission of subsections (2)(b) and (3); and subsections (3), (5) and (6) of section 56 of the Act, paragraph 2 of Schedule 3 thereto, and Parts I and II of Schedule 11 thereto (supplementary) shall apply accordingly in relation to listed building consent for any such works, but—
with the said subsection (3) modified by the substitution, for the reference to the desirability of preserving the building or any features of special architectural or historic interest which it possesses, of a reference to the desirability of preserving the character or appearance of the conservation area, and
with the omission from the said Parts I and II of paragraph 5, sub-paragraphs (3) and (4) of paragraph 6, paragraph 7, sub-paragraphs (2) and (3)(b) of paragraph 8 and paragraph 11.
Sections 96 to 99 of the Act of 1971 (listed building enforcement notices) shall apply in relation to the building as if it were a listed building, but—
with section 96(1) modified by the substitution, for the words " the character of the building as one of special architectural or historic interest " , of the words " the character or appearance of the conservation area in which the building is situated ",
with section 97(1) modified by the substitution of the following for paragraph (a)—, and
with the omission from section 97(5) of paragraphs (b) and (c).
Section 172 of the Act of 1971 (compensation) shall have effect on the revocation or modification as mentioned in subsection (1) of that section of any fisted building consent granted in respect of the building ; and section 190 of the Act and Schedule 19 thereto (listed building purchase notices) shall have effect where listed building consent in respect of the building is refused, granted subject to conditions, revoked or modified as mentioned in subsection (1) of the said section 190.
If the building is Crown land, section 266(1)(b) of the Act of 1971 shall have effect with respect to the application of any provision thereto by virtue of this Part of this Schedule.
On the confirmation by the Secretary of State of any direction made under subsection (2) of section 8 of this Act by a local planning authority other than the council of a county borough, or the making by any such local planning authority of a direction under subsection (5) of that section, a copy of the direction certified by the clerk to the authority to be a true copy, together with a similarly certified copy of the confirmation in the case of a direction under the said subsection (2), shall be deposited by the authority as follows—
in the case of a direction made by a county council or a joint planning board, with the clerk to the council of any county district in which any building to which the direction relates is situated,
in the case of a direction made by the Greater London Council, with the clerk to the council of any London borough in which any building to which the direction relates is situated, and
in the case of a direction made by the council of a London borough, with the clerk of the Greater London Council.
On the confirmation by the Secretary of State of any direction under subsection (2) of the said section 8, or the making of any direction under subsection (5) of that section, the direction and confirmation or, as the case may be, the direction shall be registered in the register of local land charges, in such manner as may be prescribed by rules made for the purposes of this paragraph under section 15(6) of the Land Charges Act 1925, by the proper officer of the council of every county borough, county district or London borough in which any building to which the direction relates is situated. Every local authority with whom a copy of any direction is deposited under paragraph 5 above shall compile and keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their area to which the direction relates.
A local planning authority making a direction under subsection (2) of the said section 8 containing such a declaration as is mentioned in subsection (4) of that section shall forthwith serve on every person who is an owner or occupier of any building to which the direction relates a notice stating that the direction has been made and explaining its effect, and, on being notified by the Secretary of State of his decision with respect to confirmation of the direction, shall forthwith notify every such person of the decision ; and where any direction under the said subsection (2) not containing such a declaration is confirmed by the Secretary of State, or a direction is made under subsection (5) of the said section 8, the local planning authority making the direction shall forthwith serve on every person who is an owner or occupier of any building affected by the direction a notice stating that the direction has been made and confirmed or, as the case may be, made, and (unless it is a direction under the said subsection (5)) explaining its effect.
If a direction under subsection (2) of the said section 8 containing such a declaration as is mentioned in subsection (4) of that section ceases to be in force as respects any building by virtue of paragraph (a), (b) or (c) of subsection (6) of that section, then, subject to a claim in that behalf being made to the local planning authority within the time and in the manner prescribed by regulations under the Act of 1971, any person who at the time when the direction was made had an interest in the building shall be entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the direction. The loss or damage in respect of which compensation is payable under sub-paragraph (1) above shall include a sum payable in respect of a breach of contract caused by the necessity of countermanding any works to the building on account of die direction being in force with respect thereto.
The following provisions of this paragraph shall have effect where any direction under subsection (2) of the said section 8 ceases to be in force as respects any building, but, in the case of sub-paragraph (4), not where the direction ceases to be in force by reason of the building becoming a listed building. The fact that the direction has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 55 or 98 of the Act of 1971 committed by him with respect to the building while the direction was in force. Any proceedings on or arising out of an application for listed building consent made while the direction was in force shall lapse, and any listed building consent granted with respect to the building while the direction was in force shall also lapse. Any listed building enforcement notice served by the local planning authority while the direction was in force shall cease to have effect, and any proceedings thereon under sections 96 and 97 of the Act of 1971 shall lapse, but section 99(1) and (2) of that Act shall continue to have effect as respects any expenses incurred by the local authority, owner or occupier as therein mentioned and with respect to any sums paid on account of such expenses.
Section 9(2)(7).
Subsections (2), (4)(a) and (6) to (8) of section 40 of the Act of 1969 (requirement of consent of local planning authority or Secretary of State to works affecting listed buildings) shall apply in relation to any works for the demolition of the building as if it were a listed building ; and subsections (3), (5) and (6) of section 41 of the Act, section 56 of the Act, and Parts I and II of Schedule 4 thereto with section 22 as it applies to appeals under that Schedule, shall apply accordingly in relation to listed building consent for any such works, but—
with the said subsection (3) modified by the substitution, for the reference to the desirability of preserving the building or any features of special architectural or historic interest which it possesses, of a reference to the desirability of preserving the character or appearance of the conservation area, and
with the omission from the said Parts I and II of paragraph 4, paragraph 5, sub-paragraphs (2) and (3)(b) of paragraph 6 and paragraph 9.
Sections 44 to 46 of the Act of 1969 and Part IV of Schedule 4 to that Act with section 22 as it applies to appeals under that Schedule (listed building enforcement notices) shall apply in relation to the building as if it were a listed building, but—
with section 44(1) modified by the substitution, for the words " the character of the building as one of special architectural or historic interest", of the words " the character or appearance of the conservation area in which the building is situated " ,
with sub-paragraph (1) of paragraph 17 of Schedule 4 modified by the substitution of the following for paragraph (a)—,
with the omission from sub-paragraph (5) of the said paragraph 17 of paragraphs (b) and (c).
Section 42 of the Act of 1969 and Part III of Schedule 4 thereto (listed building purchase notices) shall, subject to subsections (4) and (5) of section 51 of the Act, have effect where listed building consent in respect of the building is refused, granted subject to conditions, revoked or modified as mentioned in subsection (1) of the said section 42.
If the building is Crown land within the meaning of section 83 of the Town and Country Planning (Scotland) Act 1947, subsection (2)(b) of that section (whereby the restrictions imposed by certain provisions of that Act apply to a limited extent to Crown land) shall have effect as if the provisions of this Act, in its application to Scotland, were included in Part II of that Act.
On the confirmation by the Secretary of State of any direction made under subsection (2) of section 9 of this Act by a local planning authority, or the making by any local planning authority of a direction under subsection (5) of that section, a copy of the direction and confirmation or of the direction as the case may be certified by the clerk of the authority to be a true copy, shall be deposited by that authority with the clerk of any local authority in whose district any building to which the direction relates is situated. In this paragraph " local authority " means a county council or the town council of a burgh.
Every local authority with whom a copy of any direction is deposited under paragraph 5 above shall compile and keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their district to which the direction relates.
A local planning authority making a direction under subsection (2) of the said section 9 containing such a declaration as is mentioned in subsection (4) of that section shall forthwith serve on every person who is an owner, lessee, or occupier of any building to which the direction relates a notice stating that the direction has been made and explaining its effect, and, on being notified by the Secretary of State of his decision with respect to confirmation of the direction, shall forthwith notify every such person of the decision ; and where any direction under the said subsection (2) not containing such a declaration is confirmed by the Secretary of State, or a direction is made under subsection (5) of the said section 9, the local planning authority making the direction shall forthwith serve on every person who is an owner, lessee, or occupier of any building affected by the direction a notice stating that the direction has been made and confirmed or, as the case may be, made, and (unless it is a direction under the said subsection (5)) explaining its effect
If a direction under subsection (2) of the said section 9 containing such a declaration as is mentioned in subsection (4) of that section ceases to be in force as respects any building by virtue of paragraph (a), (b) or (c) of subsection (6) of that section, then, subject to a claim in that behalf being made to the local planning authority within the prescribed time and in the prescribed manner, any person who at the time when the direction was made had an interest in the building shall be entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the direction. The loss or damage in respect of which compensation is payable under sub-paragraph (1) above shall include a sum payable in respect of a breach of contract caused by the necessity of countermanding any works to the building on account of the direction being in force with respect thereto.
The following provisions of this paragraph shall have effect where any direction under sub-paragraph (2) of the said section 9 ceases to be in force as respects any building, but, in the case of sub-paragraph (4), not where the direction ceases to be in force by reason of the building becoming a listed building. The fact that the direction has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 40 or 45 of the Act of 1969 committed by him with respect to the building while the direction was in force. Any proceedings on or arising out of an application for listed building consent made while the direction was in force shall lapse, and any listed building consent granted with respect to the building while the notice was in force shall also lapse. Any listed building enforcement notice served by the local planning authority while the direction was in force shall cease to have effect, and any proceedings thereon under Part IV of Schedule 4 to the Act of 1969 shall lapse, but section 46(1) and (2) of that Act shall continue to have effect as respects any expenses incurred by the local authority, owner, lessee or occupier as therein mentioned and with respect to any sums paid on account of such expenses.