Planning (Listed Buildings and Conservation Areas) Act 1990 (C. 9)

Amended by:

Government of Wales Act (Executive Powers) 2006 (C.32)

To make provisions for special controls in respect of buildings and areas of special architectural or historic interest.

Functions exercisable solely by WAG or the National Assembly for Wales.

The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales namely:

Part I: Listed Buildings:

Listing of Special Buildings:

section 1: Power to list buildings of special architectural or historic intrerest.
section 6: Power to issue a certificate stating that it is not intended to list the building.

Authorisation of Works Affecting Listed Buildings:

section 8: Power to authorise work affecting Listed Buildings.
section 10: Powers relating to applications for listed building consent.
section 11: Power to require giving of information relating to application for listed building consent.
section 12: Power to direct reference to the Secretary of State of applications for listed building consent.
section 13: Duty to be informed by planning authorities of applications.
section 15: Direction not to notify the Secretary of State of application for consent.
sections 16 and 17: Power to decide application with or without conditions.
sections 20, 20A, 21, 22, 23 and Schedule 3: Appeals to the Secretary of State against decisions of local authorities on application for consent and power to appoint a person to determine appeals.
section 24: Power to confirm local authority's revocation or modification of listed building consent.
section 26: Revocation or modification of consent.

Compensation:

section 30: Power to direct local authority to pay compensation.
sections 34 and 35: Reference of listed buildings purchase notice to the Secretary of State and action to be taken by the Secretary of State.

Enforcement:

sections 39-41 and Schedule 3: Determination of appeals against enforcement notice served by local authority and former to appoint a person to determine the appeal.
section 46: Power to issue an enforcement of notice.

Prevention of Deterioration and Damage:

section 47: Authorisation of compulsory acquisition by local authority or the Secretary of State of listed buildings in need of repair.
section 48: Service of repair notice.
section 50: Power to direct payment of minimum compensation on compulsory acquisition of listed building.
section 53: Management powers with regard to buildings acquired under section 47.
sections 54, 55 and 76: Power to carry out urgent work to preserve unoccupied listed buildings and unoccupied buildings in conservation areas.

Miscellaneous:

Exceptions for ecclesiastical buildings:

section 60: Power to exempt ecclesiastical buildings and redundant churches from the listing provisions of the Act.
section 67: Power to prescribe requirements as to publicity for applications for planning permission in certain cases.

Part II: Conservation Areas:

section 69 and 70: Power to designate conservation areas.
section 73: Power to prescribe for publicity for applications affecting conservation areas.
section 74: Power to consent to demolition of a building in a conservation area.
section 75: Power to apply prohibition against demolition of a building.
section 76: Power to carry out works, or to authorise local authority to carry out works to preserve unoccupied buildings in conservation areas.
section 77 and 78: Power to give grants and loans to preserve or enhance conservation areas and to recover such grants.
sections 79 and 80: Power to create a town scheme to give grants for building repairs.

Part III:

General:

section 82: Power to apply certain sections of the Act to the land and work of local planning authorities.
section 82B: Power regarding applications for urgent works relating to Crown land.
section 82D and 82E: Power to consent to enforcement in relation to the Crown.
section 88 and 88B: Power to authorise entry onto land.
section 93: Power to prescribe forms of notice, orders or documents.
Schedule 3 paragraph 1: Power to prescribe the classes of appeals under sections 20 and 32 which can be determined by an inspector instead of by the Secretary of State.

The following Ministerial functions under this Act are exercisable solely by the Counsel General in relation to Wales namely:

Schedule 3, paragraphs 6A and 8: Power to appoint a person to represent the interests of any person who will be prevented from hearing or inspecting evidence if the Secretary of State gives a direction under paragraph 6(6) that specified evidence should not be disclosed.

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