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Section 12 Reference of certain applications to Secretary of State.C5C1C2C3C4

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Secretary of State may give directions requiring applications for listed building consent to be referred to him instead of being dealt with by the local planning authority.

(2)

A direction under this section may relate either to a particular application, or to applications in respect of such buildings as may be specified in the direction.

(3)

An application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.

F1(3A)

An application for listed building consent shall, without any direction by the Secretary of State, be referred to the Secretary of State instead of being dealt with by the local planning authority in any case where the consent is required in consequence of proposals included in an application for an order under section 1 or 3 of the Transport and Works Act 1992.

(4)

Before determining an application referred to him under this section, the Secretary of State shall, if either the applicant or the authority so wish, give each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State.

F2(4B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

The decision of the Secretary of State on any application referred to him under this section shall be final.

Annotations

Textual amendments

F1

S. 12(3A) inserted (1.1.1993) by Transport and Works Act 1992 (c. 42, SIF 102), s.17; S.I. 1992/2784, art. 2, Sch.1

F2

S. 12(4B) omitted (4.11.2024) by virtue of Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 105 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Modifications

C1

Ss. 9-12 modified (W.) (30.4.2012) by The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (No. 793), regs. 1, 16, Sch. 3

C2

Ss. 7-29 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))

C3

S. 12 applied (with modifications) (E.) (6.4.2014) by The Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) Regulations 2014 (S.I. 2014/550), regs. 1(1), 7

C4

S. 12 applied by S.I. 1990/1519, reg. 13(3A) (as substituted (15.4.2015) by The Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2015 (S.I. 2015/809), regs. 1(1), 2(6) (with reg. 3))

C5

Ss. 9–12 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

Notes on Chapter II

Modifications

C1

Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.