41 Determination of appeals under s 39
Planning (Listed Buildings and Conservation Areas) Act 1990 (1990 c 9) | Legislation

41  Determination of appeals under s 39

[(1)     On an appeal under section 39 the Secretary of State may—

(a)     correct any defect, error or misdescription in the listed building enforcement notice; or

(b)     vary the terms of the listed building enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.

(2)     Where the Secretary of State determines to allow the appeal, he may quash the notice.

(2A)     The Secretary of State shall give any directions necessary to give effect to his determination on the appeal.]

(3)     The Secretary of State—

(a)     may dismiss such an appeal

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