Remedy
Start free

Section 20: Right to appeal against decision or failure to take decision.

Planning (Listed Buildings and Conservation Areas) Act 1990 · 1990 c. 9View on legislation.gov.uk

Part I: Listed Buildings — Chapter II: Authorisation of works affecting listed buildings

Where a local planning authority—

refuse an application for listed building consent or grant it subject to conditions;
refuse an application for the variation or discharge of conditions subject to which such consent has been granted or grant it and add new conditions; or
refuse an application for approval required by a condition imposed on the granting of listed building consent with respect to details of works or grant it subject to conditions,

the applicant, if aggrieved by the decision, may appeal to the Secretary of State.

A person who has made such an application may also appeal to the Secretary of State if the local planning authority have done none of the following—

given notice to the applicant of their decision on the application;
given notice to the applicant that they have exercised their power under section 81A or 81B to decline to determine the application;
in the case of such an application as is mentioned in paragraph (a) or (b) of subsection (1), given notice to the applicant that the application has been referred to the Secretary of State in accordance with directions given under section 12,

within the relevant period from the date of the receipt of the application, or within such extended period as may at any time be agreed upon in writing between the applicant and the authority.

In this section "the relevant period" means—

in the case of such an application as is mentioned in paragraph (a) or (b) of subsection (1), such period as may be prescribed; and
in the case of such an application for approval as is mentioned in paragraph (c) of subsection (1), the period of eight weeks from the date of the receipt of the application.

For the purposes of the application ... of sections 22(1) and 63(7)(b) in relation to an appeal under subsection (2) it shall be assumed that the authority decided to refuse the application in question.

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

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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