Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Application definition

What does Application mean? An application is a procedural request asking a court to make an order, typically during the life of proceedings (an interim/interlocutory application) but sometimes disposing of an issue finally. The concept is descriptive rather than statutorily defined; content and procedure are set by court rules and case law in each jurisdiction. England and Wales: under the Civil Procedure Rules, applications are made by application notice (cpr Part 23), on notice or without notice, supported by evidence (usually a witness statement), and subject to filing fees, service and time limits. Common applications include extensions of time, summary judgment, security...

Planning applications affecting heritage assets: statutory duties, policy tests, case law, and Historic Environment Records in England and Wales

Published by a LexisNexis Planning expert

Practice notes

Statutory duty to consider heritage impacts in determining planning applications

Until 4 November 2024, the framework for heritage assets in Wales—including conservation areas and listed buildings—was contained in the Planning (Listed Buildings and Conservation Areas) Act 1990 (P(LBCA)A 1990). The Historic Environment (Wales) Act 2023 (HE(W)A 2023), which gained Royal Assent on 14 June 2023, consolidated and replaced legislation concerning Wales’s historic environment from 4 November 2024 onwards.

Statutory duty in England

Section 66 of the P(LBCA)A 1990 provides that, when determining whether to grant planning permission for development affecting a listed building or its setting, the local planning authority (LPA)—which, for these purposes, includes the Mayor of London where planning permission is granted by Mayoral development order—or the Secretary of State must give special regard to the desirability of preserving or enhancing the building or its setting, or any features of special architectural or historic interest it possesses. The courts have confirmed that this duty requires decision-makers to attach “considerable importance and weight” or a “high priority” to the objective of preserving listed buildings and their settings. See: Interpretation of heritage requirements by the courts below for more information...

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Web page updated on 21/05/2026

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