Section 102: Regard to certain heritage assets in exercise of planning functions

Levelling-up and Regeneration Act 2023 · 2023 c. 55View on legislation.gov.uk

Part 3: Planning — Chapter 3: Heritage

After section 58A of TCPA 1990 insert—

In paragraph 8 of Schedule 4B to TCPA 1990 (matters to be considered in examining draft neighbourhood development order)—

in sub-paragraph (2)—
in paragraph (b), after "preserving" insert ;"or enhancing"
after paragraph (c) insert—cahaving special regard to the desirability of preserving or enhancing anything that is a relevant asset for the purposes of section 58B or its setting, it is appropriate to make the order,;
after sub-paragraph (4) insert—4ASub-paragraph (2)(ca) applies in relation to anything that is a relevant asset for the purposes of section 58B only in so far as the order grants planning permission for development that affects the asset or its setting.4BSubsections (2) and (3)(b) of section 58B apply for the purposes of sub-paragraphs (2)(ca) and (4A) as they apply for the purposes of that section.

In section 16 of the Listed Buildings Act (decisions on applications for listed building consent), in subsection (2), after "preserving" insert "or enhancing".

In section 66 of the Listed Buildings Act (duty to have regard to listed buildings in the exercise of certain planning functions)—

in subsection (1), after "preserving" insert ; "or enhancing"
after subsection (1) insert—1AThe reference in subsection (1) to a local planning authority includes the Mayor of London in relation to the grant of planning permission by Mayoral development order.;
in subsection (2), after "preserving" insert ."or enhancing"

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