Section 41: Provisions supplementary to s.40.

Town and Country Planning Act 1968 · 1968 c.72

Part V: Buildings of Architectural or Historic Interest

41(2)

Where, on an application in that behalf, planning permission is granted after the commencement of this Part of this Act and—

(a) the development for which the permission is granted includes the carrying out of any works for the alteration or extension of a listed building ; and

(b) the planning permission or any condition subject to which it is granted is so framed as expressly to authorise the execution of the works (describing them),

the planning permission shall operate as listed building consent in respect of those works; but, except as provided by this subsection, the grant of planning permission for any development shall not make it unnecessary for such consent to be obtained in respect of any works to which section 40 above applies.

41(3)

In considering whether to grant planning permission for development which consists in or includes works for the alteration or extension of a listed building, and in considering whether to grant listed building consent for any works, the local planning authority or the Minister, as the case may be, shall have special regard to the desirability of preserving the building or any features of special architectural or historic interest which it possesses.

41(4)

Without prejudice to section 17(1) of the principal Act (grant of planning permission unconditionally or subject to conditions), the conditions which may under that subsection be attached to a grant of planning permission shall, in the case of such development as is referred to in subsection (2) above, include conditions with respect to—

(a) the preservation of particular features of the building, either as part of it or after severance therefrom;

(b) the making good, after the works are completed, of any damage caused to the building by the works;

(c) the reconstruction of the building or any part of it following the execution of any works, with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions.

41(5)

Listed building consent may be granted either unconditionally or subject to conditions, which may include such conditions as are mentioned in subsection (4) above.

41(6)

Part I of Schedule 5 to this Act shall have effect with respect to applications to local planning authorities for listed building consent, the reference of such applications to the Minister and appeals against decisions on such applications; and Part II of that Schedule shall have effect with respect to the revocation of listed building consent by a local planning authority or the Minister and to the compensation payable in the case of revocation.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.