Search Legislation

Advanced Search

Planning (Listed Buildings and Conservation Areas) Act 1990

Help about what version

What Version

Help about advanced features

Advanced Features

Changes to legislation:

Planning (Listed Buildings and Conservation Areas) Act 1990, Section 62 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 62:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

62 Validity of certain orders and decisions. E+W

(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), [F1or

(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—

[F2(za)any decision on a review under section 2D;]

(a)any decision on an application referred to the Secretary of State under section 12 or on an appeal under section 20;

[F3(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;

[F4(d)any decision on an application for listed building consent under section 82B.]

[F5(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).

Textual Amendments

F4S. 62(2)(d) inserted (6.8.2004 for specified purposes, otherwise 7.6.2006) by Planning and Compulsory Purchase Act 2004 (c. 5), ss. 83(2), 121(1) (with s. 111); S.I. 2004/2097, art. 2; S.I. 2006/1281, art. 2(a)

Modifications etc. (not altering text)

C1Ss. 62–65 modified by S.I. 1990/1519, reg. 13(1); applied (with modifications) by S.I. 1990/1519, reg. 12, Sch. 3

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources