(1) In considering whether to make a listed building consent order or local listed building consent order the Secretary of State or local planning authority must have special regard to the desirability of preserving—
(a) listed buildings of a description to which the order applies,
(b) their setting, or
(c) any features of special architectural or historic interest which they possess.
(2) Before making a listed building consent order the Secretary of State must consult the Commission.
26G Effect of revision or revocation of order on incomplete works
(1) A listed building consent order or local listed building consent order may include provision permitting the completion of works if—
(a) listed building consent is granted by the order in respect of the works, and
(b) the listed building consent is withdrawn after the works are started but before they are completed.
(2) Listed building consent granted by an order is withdrawn—
(a) if the order is revoked;
(b) if the order is varied or (in the case of a local listed building consent order) revised so that it ceases to grant listed building consent in respect of the works or materially changes any condition or limitation to which the grant of listed building consent is subject;
(c) if a direction applying to the listed building is issued under powers conferred under section 26C(5) or 26D(6).
(1) A person who wishes to ascertain whether proposed works for the alteration or extension of a listed building ... would be lawful may make an application to the local planning authority specifying the building and describing the works.
(2) For the purposes of this section works would be lawful if they would not affect the character of the listed building as a building of special architectural or historic interest.
(3) If on an application under this section the local planning authority are provided with information satisfying them that the works described in the application would be lawful at the time of the application, they must issue a certificate to that effect; and in any other case they must refuse the application.
(4) A certificate under this section must—
(a) specify the building to which it relates;
(b) describe the works concerned;
(c) give the reasons for determining that the works would be lawful; and
(d) specify the date of issue of the certificate.
(5) Works for which a certificate is issued under this section are to be conclusively presumed to be lawful, provided that—
(a) they are carried out within 10 years beginning with the date of issue of the certificate, and
(b) the certificate is not revoked under section 26I.
(1) An application for a certificate under section 26H must be made in such manner as may be prescribed by regulations under this Act.
(2) An application must include such particulars, and be verified by such evidence, as may be required—
(a) by the regulations,
(b) by any directions given under the regulations, or
(c) by the local planning authority.
(3) Regulations under this Act may make provision about how applications for a certificate under section 26H are to be dealt with by local planning authorities.
(4) In particular, regulations may provide for requiring the authority—
(a) to give to any applicant within a prescribed period such notice as may be prescribed as to the manner in which the application has been dealt with; and
(b) to give to the Secretary of State, and to such other persons as may be prescribed, prescribed information with respect to such applications made to the authority, including information as to the manner in which any application has been dealt with.
(5) A certificate under section 26H may be issued--
(a) for the whole or part of the listed building specified in the application; and
(b) for all or part of the works described in the application;
and must be in such form as may be prescribed.
(6) A local planning authority may revoke a certificate under section 26H if, on the application for the certificate—
(a) a statement was made or document used which was false in a material particular; or
(b) any material information was withheld.
(7) Regulations under this section may make provision for regulating the manner in which certificates may be revoked and the notice to be given of such revocation.
(1) A person is guilty of an offence if, for the purpose of procuring a particular decision on an application (whether or not by that person) for the issue of a certificate under section 26H, the person—
(a) knowingly or recklessly makes a statement which is false or misleading in a material particular;
(b) with intent to deceive, uses any document which is false or misleading in a material particular; or
(c) with intent to deceive, withholds any material information.
(2) A person guilty of an offence under subsection (1) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum; or
(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
(3) Notwithstanding section 127 of the Magistrates' Courts Act 1980, a magistrates' court may try an information in respect of an offence under subsection (1) whenever laid.
26K Appeals against refusal or failure to give decision on application
(1) Where an application is made to a local planning authority for a certificate under section 26H and—
(a) the application is refused or is refused in part, or
(b) the authority do not give notice to the applicant of their decision on the application within such period as may be prescribed under section 26I or within such extended period as may at any time be agreed in writing between the applicant and the authority,
the applicant may by notice appeal to the Secretary of State.
(2) A notice of appeal under this section—
(a) must be served within such time and in such manner as may be prescribed;
(b) must be accompanied by such information as may be prescribed.
(3) The time prescribed for the service of a notice of appeal under this section must not be less than—
(a) 28 days from the date of notification of the decision on the application; or
(b) in the case of an appeal under subsection (1)(b), 28 days from—
(i) the end of the period prescribed as mentioned in subsection (1)(b), or
(ii) as the case may be, the extended period mentioned in subsection (1)(b).
(4) On an appeal under this section, the Secretary of State must grant the appellant a certificate under section 26H or, in the case of a refusal in part, modify the certificate granted by the authority on the application, if and so far as the Secretary of State is satisfied—
(a) in the case of an appeal under subsection (1)(a), that the authority's refusal is not well-founded, or
(b) in the case of an appeal under subsection (1)(b), that if the authority had refused the application their refusal would not have been well-founded.
(5) If and so far as the Secretary of State is satisfied that the authority's refusal is or, as the case may be, would have been well-founded, the Secretary of State must dismiss the appeal.
(6) Where the Secretary of State grants a certificate under section 26H on an appeal under this section, the Secretary of State must give notice to the local planning authority of that fact.
(7) References in this section to a refusal of an application in part include a modification or substitution of the description in the application of the works concerned.
(8) Schedule 3 applies to an appeal under this section.
28 Compensation where listed building consent revoked or modified.
(1) This section shall have effect where listed building consent is revoked or modified by an order under section 23 (other than an order which takes effect by virtue of section 25).
(2) If on a claim made to the local planning authority within the prescribed time and in the prescribed manner, it is shown that a person interested in the building—
(a) has incurred expenditure in carrying out works which are rendered abortive by the revocation or modification; or
(b) has otherwise sustained loss or damage which is directly attributable to the revocation or modification,
the authority shall pay that person compensation in respect of that expenditure, loss or damage.
(3) Subject to subsection (4), no compensation shall be paid under this section in respect of—
(a) any works carried out before the grant of the listed building consent which is revoked or modified; or
(b) any other loss or damage (not being loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the grant of that consent.
(4) For the purposes of this section, expenditure incurred in the preparation of plans for the purposes of any works, or upon other similar matters preparatory to any works, shall be taken to be included in the expenditure incurred in carrying out those works.
28A Compensation where consent formerly granted by order is granted conditionally or refused
(1) Section 28 also has effect (subject to subsections (2) and (3)) where—
(a) listed building consent granted by a listed building consent order or a local listed building consent order is withdrawn (whether by the revocation or amendment of the order or by the issue of a direction), and
(b) on an application for listed building consent made within the prescribed period after the withdrawal, consent for works formerly authorised by the order is refused or is granted subject to conditions other than those imposed by the order.
(2) Section 28 does not have effect by virtue of subsection (1) if—
(a) the works authorised by the order were started before the withdrawal, and
(b) the order included provision in pursuance of section 26G permitting the works to be completed after the withdrawal.
(3) Section 28 does not have effect by virtue of subsection (1) if—
(a) notice of the withdrawal was published in the prescribed manner and within the prescribed period before the withdrawal, and
(b) the works authorised by the order were not started before the notice was published.
(4) Where section 28 has effect by virtue of subsection (1), references in section 28(2) and (3) to the revocation or modification of listed building consent are references to the withdrawal of the listed building consent by revocation or amendment of the order or by issue of the direction.
30 Local planning authorities for compensation purposes.
(1) Subject to subsection (2)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) claims under section 28 shall be made to and paid by the local planning authority who made the order in question or, where it was made by the Secretary of State under section 26, the local planning authority who are treated as having made it under that section;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and references in section 28 to a local planning authority shall be construed accordingly.
(2) The Secretary of State may after consultation with all the authorities concerned direct that where a local planning authority is liable to pay compensation under section . . . 28 ... in any particular case or class of case they shall be entitled to be reimbursed the whole of the compensation or such proportion of it as he may direct from one or more authorities specified in the direction.
(3) This section does not apply in Greater London.
31 General provisions as to compensation for depreciation under this Part.
(1) For the purpose of assessing any compensation to which this section applies, the rules set out in section 5 of the Land Compensation Act 1961 shall, so far as applicable and subject to any necessary modifications, have effect as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.
(2) This section applies to any compensation which is payable under sections 28 and 44AC in respect of depreciation of the value of an interest in land.
(3) Where an interest in land is subject to a mortgage—
(a) any compensation to which this section applies, which is payable in respect of depreciation of the value of that interest, shall be assessed as if the interest were not subject to the mortgage;
(b) a claim for any such compensation may be made by any mortgagee of the interest, but without prejudice to the making of a claim by the person entitled to the interest;
(c) no compensation to which this section applies shall be payable in respect of the interest of the mortgagee (as distinct from the interest which is subject to the mortgage); and
(d) any compensation to which this section applies which is payable in respect of the interest which is subject to the mortgage shall be paid to the mortgagee, or, if there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.
(4) Except in so far as may be otherwise provided by any regulations made under this Act, any question of disputed compensation under section 28 shall be referred to and determined by the Upper Tribunal.
(5) In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 shall apply subject to any necessary modifications and to the provisions of any regulations made under this Act.
32 Purchase notice on refusal or conditional grant of listed building consent.
(1) Where—
(a) on an application for listed building consent in respect of a building, consent is refused, or granted subject to conditions, or such consent granted on an application is revoked or modified by an order under section 23 or 26; and
(b) any owner of the building claims—
(i) that the conditions mentioned in subsection (2) are satisfied with respect to it and any land comprising the building, or contiguous or adjacent to it, and owned with it; and
(ii) that the conditions mentioned in subsection (3) are satisfied with respect to that land,
he may, within the prescribed time and in the prescribed manner, serve on the council of the district ... or London borough in which the building and land are situated a notice (in this Act referred to as a “listed building purchase notice”) requiring that council to purchase his interest in the building and land in accordance with sections 33 to 37.
(2) The conditions mentioned in subsection (1)(b)(i) are—
(a) that the building and land in respect of which the notice is served have become incapable of reasonably beneficial use in their existing state;
(b) in a case where listed building consent has been granted subject to conditions with respect to the execution of the works or has been modified by the imposition of such conditions, that the land cannot be rendered capable of such use by the carrying out of the works in accordance with those conditions; and
(c) in any case, that the land cannot be rendered capable of such use by the carrying out of any other works for which listed building consent has been granted or for which the local planning authority or the Secretary of State has undertaken to grant such consent.
(3) The conditions mentioned in subsection (1)(b)(ii) are that the use of the land is substantially inseparable from that of the building and that it ought to be treated, together with the building, as a single holding.
(4) In determining for the purpose of subsection (2) what is or would in any particular circumstances be a reasonably beneficial use of land, no account shall be taken of any prospective use which would involve the carrying out of development (other than any development specified in paragraph 1 or 2 of Schedule 3 to the principal Act) or any works requiring listed building consent which might be executed to the building, other than works for which the local planning authority or the Secretary of State have undertaken to grant such consent.
(4A) This section and sections 33 to 37 shall have effect as if—
(a) the bodies on whom a listed building purchase notice may be served under this section included any National Park authority which is the local planning authority for the area in which the building and land in question are situated; and
(b) a National Park authority were a local authority for the purposes of this Act and the Park for which it is the local planning authority were its area;
and the references in those sections and in section 63(7)(a) to a council and to a local authority shall be construed accordingly.
(5) References in sections 33 to 37 to the land are to the building and the land in respect of which the notice under subsection (1) is served.
(1) A listed building purchase notice may be served in respect of Crown land only as mentioned in this section.
(2) The owner of a private interest in Crown land must not serve a listed building purchase notice unless—
(a) he first offers to dispose of his interest to the appropriate authority on equivalent terms, and
(b) the offer is refused by the appropriate authority.
(3) The appropriate authority may serve a listed building purchase notice in relation to the following land—
(a) land belonging to Her Majesty in right of Her private estates;
(b) land belonging to Her Majesty in right of the Duchy of Lancaster;
(c) land belonging to the Duchy of Cornwall;
(d) land which forms part of the Crown Estate.
(4) An offer is made on equivalent terms if the price payable for the interest is equal to (and, in default of agreement, determined in the same manner as) the compensation which would be payable in respect of it if it were acquired in pursuance of a listed building purchase notice.
33 Action by council on whom listed building purchase notice served.
(1) The council on whom a listed building purchase notice is served by an owner shall serve on him a notice stating either—
(a) that the council are willing to comply with the purchase notice; or
(b) that another local authority or statutory undertakers specified in the notice under this subsection have agreed to comply with it in their place; or
(c) that for reasons so specified the council are not willing to comply with the purchase notice and have not found any other local authority or statutory undertakers who will agree to comply with it in their place and that they have transmitted to the Secretary of State a copy of the purchase notice and of the notice under this subsection.
(2) A notice under subsection (1) must be served before the end of the period of three months beginning with the date of service of the listed building purchase notice.
(3) Where such a notice as is mentioned in paragraph (a) or (b) of subsection (1) has been duly served, the council or, as the case may be, the other local authority or statutory undertakers specified in the notice shall be deemed—
(a) to be authorised to acquire the interest of the owner compulsorily in accordance with the provisions of section 47; and
(b) to have served a notice to treat in respect of it on the date of service of the notice under that subsection.
(4) Where the council propose to serve such a notice as is mentioned in subsection (l)(c), they shall first send to the Secretary of State a copy of—
(a) the proposed notice; and
(b) the listed building purchase notice which was served on them.
34 Procedure on reference of listed building purchase notice to Secretary of State.
(1) Where a copy of a listed building purchase notice is sent to the Secretary of State under section 33(4), he shall consider whether to confirm the notice or to take other action under section 35 in respect of it.
(2) Before confirming such a notice or taking such other action, the Secretary of State shall give notice of his proposed action—
(a) to the person who served the notice;
(b) to the council on whom it was served;
(c) ... outside Greater London—
(i) to the county planning authority and also, where that authority is a joint planning board, to the county council; and
(ii) if the district council on whom the purchase notice in question was served is a constituent member of a joint planning board, to that board;
(cc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) if the Secretary of State proposes to substitute any other local authority or statutory undertakers for the council on whom the notice was served, to them.
(3) A notice under subsection (2) shall specify the period (which must not be less than 28 days from its service) within which any of the persons on whom it is served may require the Secretary of State to give him an opportunity of appearing before and being heard by a person appointed by him for the purpose.
(4) If any of those persons so require, before the Secretary of State confirms the listed building purchase notice or takes any other action under section 35 in respect of it, he shall give such an opportunity to each of them.
(5) If after any of those persons have appeared before and been heard by the appointed person, it appears to the Secretary of State to be expedient to take action under section 35 otherwise than in accordance with the notice given by him, the Secretary of State may take that action accordingly.
35 Action by Secretary of State in relation to listed building purchase notice.
(1) Subject to the following provisions of this section, if the Secretary of State is satisfied that the conditions specified in section 32(2)(a) to (c) are satisfied in the case of any listed building purchase notice, he shall confirm the notice.
(2) If the Secretary of State is satisfied that those conditions are fulfilled only in respect of part of the land, he shall confirm the notice only in respect of that part and the notice shall have effect accordingly.
(3) The Secretary of State shall not confirm the notice unless he is satisfied that the land comprises such land contiguous or adjacent to the building as is in his opinion required—
(a) for preserving the building or its amenities, or
(b) for affording access to it, or
(c) for its proper control or management.
(4) If it appears to the Secretary of State to be expedient to do so he may, instead of confirming the notice—
(a) in the case of a notice served on account of the refusal of listed building consent for any works, grant such consent for those works;
(b) in the case of a notice served on account of such consent being granted subject to conditions, revoke or amend those conditions so far as it appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of those works;
(c) in the case of a notice served on account of such consent being revoked by an order under section 23 or 26, cancel the order revoking the consent; or
(d) in the case of a notice served on account of such consent being modified by such an order by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the works in respect of which the consent was granted.
(5) If it appears to the Secretary of State that the land (or any part of it) could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out—
(a) of any other works for which listed building consent ought to be granted, or
(b) of any development for which planning permission ought to be granted,
he may, instead of confirming the listed building purchase notice (or confirming it so far as it relates to that part), direct that if an application is made for such consent for those works or, as the case may be, for planning permission for that development, it shall be granted.
(6) If it appears to the Secretary of State, having regard to the probable ultimate use of the building or its site, that it is expedient to do so, he may, if he confirms the notice, modify it either in relation to the whole or any part of the land, by substituting another local authority or statutory undertakers for the council on whom the notice was served.
(7) Any reference in section 34 to the taking of action by the Secretary of State under this section includes a reference to the taking by him of a decision not to confirm the notice on the grounds that any of the conditions referred to in subsection (1) are not satisfied.
36 Effect of Secretary of State’s action in relation to listed building purchase notice.
(1) Where the Secretary of State confirms a listed building purchase notice, the council on whom the notice was served shall be deemed—
(a) to be authorised to acquire the owner’s interest in the land compulsorily in accordance with the provisions of section 47; and
(b) to have served a notice to treat in respect of it on such date as the Secretary of State may direct.
(2) If before the end of the relevant period the Secretary of State has neither—
(a) confirmed the listed building purchase notice; nor
(b) notified the owner by whom it was served that he does not propose to confirm it; nor
(c) taken any such action in respect of it as is mentioned in subsection (4) or (5) of section 35,
the notice shall be deemed to be confirmed at the end of that period and the council on whom it was served shall be deemed to have been authorised as mentioned in subsection (1)(a) and to have served a notice to treat in respect of the owner’s interest at the end of that period.
(3) Where a listed building purchase notice is confirmed in respect of only part of the land, references in this section to the owner’s interest in the land are references to the owner’s interest in that part.
(4) Where a listed building purchase notice is modified under section 35(6) by the substitution of another local authority or statutory undertakers for the council on whom the notice was served, the reference in subsection (1) to that council is to that other local authority or those statutory undertakers.
(5) In this section “the relevant period” means, subject to subsection (6) below—
(a) the period of nine months beginning with the date of the service of the listed building purchase notice; or
(b) if it ends earlier, the period of six months beginning with the date on which a copy of the notice was sent to the Secretary of State.
(6) The relevant period does not run if the Secretary of State has before him at the same time both—
(a) a copy of the listed building purchase notice sent to him under section 33(4); and
(b) a notice of appeal under section 20 or section 39 relating to any of the land to which the listed building purchase notice relates.
(7) Where any decision by the Secretary of State to confirm or not to confirm a listed building purchase notice (including any decision to confirm the notice only in respect of part of the land, or to give any direction as to the granting of listed building consent or planning permission) is quashed under section 63, the notice shall be treated as cancelled but the owner may serve a further notice in its place.
(8) For the purposes of determining whether such a further notice has been served within the period prescribed for the service of listed building purchase notices, the decision concerning listed building consent on account of which the notice has been served shall be treated as having been made on the date on which the Secretary of State’s decision was quashed.
37 Reduction of compensation on acquisition where s. 28 compensation payable.
Where compensation is payable under section 28 in respect of expenditure incurred in carrying out any works to a building, any compensation which then becomes payable in respect of the acquisition of an interest in the land in pursuance of a listed building purchase notice shall be reduced by an amount equal to the value of those works.
38 Power to issue listed building enforcement notice.
(1) Where it appears to the local planning authority—
(a) that any works have been or are being executed to a listed building in their area; and
(b) that the works are such as to involve a contravention of section 9(1) or (2),
they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, issue a notice under this section (in this Act referred to as a “listed building enforcement notice”).
(2) A listed building enforcement notice shall specify the alleged contravention and require such steps as may be specified in the notice to be taken . . .—
(a) for restoring the building to its former state; or
(b) if the authority consider that such restoration would not be reasonably practicable or would be undesirable, for executing such further works specified in the notice as they consider necessary to alleviate the effect of the works which were carried out without listed building consent; or
(c) for bringing the building to the state in which it would have been if the terms and conditions of any listed building consent which has been granted for the works had been complied with.
(3) A listed building enforcement notice—
(a) shall specify the date on which it is to take effect and, subject to sections 39(3) and 65(3A), shall take effect on that date, and
(b) shall specify the period within which any steps are required to be taken and may specify different periods for different steps,
and, where different periods apply to different steps, references in this Part to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.
(4) A copy of a listed building enforcement notice shall be served, not later than 28 days after the date of its issue and not later than 28 days before the date specified in it as the date on which it is to take effect—
(a) on the owner and on the occupier of the building to which it relates; and
(b) on any other person having an interest in that building which in the opinion of the authority is materially affected by the notice.
(5) The local planning authority may—
(a) withdraw a listed building enforcement notice (without prejudice to their power to issue another); or
(b) waive or relax any requirement of such a notice and, in particular, may extend the period specified in accordance with section 38(3),
and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.
(6) The local planning authority shall, immediately after exercising the powers conferred by subsection (5), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were re-issued, be served with a copy of it
(7) Where a listed building enforcement notice imposes any such requirement as is mentioned in subsection (2)(b), listed building consent shall be deemed to be granted for any works of demolition, alteration or extension of the building executed as a result of compliance with the notice.
39 Appeal against listed building enforcement notice.
(1) A person having an interest in the building to which a listed building enforcement notice relates or a relevant occupier may appeal to the Secretary of State against the notice on any of the following grounds—
(a) that the building is not of special architectural or historic interest;
(b) that the matters alleged to constitute a contravention of section 9(1) or (2) have not occurred;
(c) that those matters (if they occurred) do not constitute such a contravention
(d) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, and that the works carried out were limited to the minimum measures immediately necessary;
(e) that listed building consent ought to be granted for the works, or that any relevant condition of such consent which has been granted ought to be discharged, or different conditions substituted;
(f) that copies of the notice were not served as required by section 38(4);
(g) except in relation to such a requirement as is mentioned in section 38(2)(b) or (c), that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out;
(h) that the period specified in the notice as the period within which any step required by the notice is to be taken falls short of what should reasonably be allowed;
(i) that the steps required by the notice for the purpose of restoring the character of the building to its former state would not serve that purpose;
(j) that steps required to be taken by virtue of section 38(2)(b) exceed what is necessary to alleviate the effect of the works executed to the building;
(k) that steps required to be taken by virtue of section 38(2)(c) exceed what is necessary to bring the building to the state in which it would have been if the terms and conditions of the listed building consent had been complied with.
(2) An appeal under this section shall be made . . . —
(a) by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or
(b) by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date; or
(c) by sending such notice to him using electronic communications at such time that, in the ordinary course of transmission, it would be delivered to him before that date.
(3) Where such an appeal is brought the listed building enforcement notice shall subject to any order under section 65(3A) be of no effect pending the final determination or the withdrawal of the appeal.
(4) A person who gives notice of appeal under this section shall submit to the Secretary of State, either when giving the notice or within such time as may be prescribed, a statement in writing—
(a) specifying the grounds on which he is appealing against the listed building enforcement notice; and
(b) giving such further information as may be prescribed.
(5) If, where more than one ground is specified in the statement, the appellant does not give information required under subsection (4)(b) in relation to each of those grounds within the prescribed time, the Secretary of State may determine the appeal without considering any ground as to which the appellant has failed to give such information within that time.
(6) Where any person has appealed to the Secretary of State under this section against a notice, no person shall be entitled, in any other proceedings instituted after the making of the appeal, to claim that the notice was not duly served on the person who appealed.
(7) In this section “relevant occupier” means a person who—
(a) on the date on which the listed building enforcement notice is issued occupies the building to which the notice relates by virtue of a licence . . .; and
(b) continues so to occupy the building when the appeal is brought.
(1) The Secretary of State may by regulations prescribe the procedure which is to be followed on appeals under section 39, and in particular, but without prejudice to the generality of this subsection may—
(a) require the local planning authority to submit, within such time as may be prescribed, a statement indicating the submissions which they propose to put forward on the appeal;
(b) specify the matters to be included in such a statement;
(c) require the authority or the appellant to give such notice of such an appeal as may be prescribed, being notice which in the opinion of the Secretary of State is likely to bring the appeal to the attention of persons in the locality in which the building in question is situated;
(d) require the authority to send to the Secretary of State, within such period from the date of the bringing of the appeal as may be prescribed, a copy of the enforcement notice and a list of the persons served with copies of it.
(2) Subject to section 41(4), the Secretary of State shall, if either the appellant or the local planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Schedule 3 applies to appeals under section 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 if the appellant fails to comply with section 39(4) within the prescribed time; and
(b) may allow such an appeal and quash the listed building enforcement notice if the local planning authority fail to comply within the prescribed period with any requirement imposed by regulations made by virtue of section 40(1)(a),(b) or (d).
(4) If ... the Secretary of State proposes to dismiss an appeal under paragraph (a) of subsection (3) ... or to allow an appeal and quash the listed building enforcement notice under paragraph (b) of that subsection he need not comply with section 40(2).
(5) Where it would otherwise be a ground for determining an appeal in favour of the appellant that a person required to be served with a copy of the listed building enforcement notice was not served, the Secretary of State may disregard that fact if neither the appellant nor that person has been substantially prejudiced by the failure to serve him.
(6) On the determination of an appeal the Secretary of State may—
(a) grant listed building consent for the works to which the listed building enforcement notice relates or for part only of those works;
(b) discharge any condition or limitation subject to which listed building consent was granted and substitute any other condition, whether more or less onerous;
(c) if he thinks fit, exercise his power under section 1 to amend any list compiled or approved under that section by removing from it the building to which the appeal relates.
(7) Any listed building consent granted by the Secretary of State under subsection (6) shall be treated as granted on an application for the same consent under section 10 and the Secretary of State’s decision in relation to the grant shall be final.
(8) Subsection (5) of section 250 of the Local Government Act 1972 (which authorises a Minister holding an inquiry under that section to make orders with respect to the costs of the parties) shall apply in relation to any proceedings ... before the Secretary of State on an appeal under section 39 as if those proceedings were an inquiry held by the Secretary of State under section 250.
42 Execution of works required by listed building enforcement notice.
(1) If any of the steps specified in the listed building enforcement notice have not been taken within the period for compliance with the notice, the authority may—
(a) enter the land and take those steps, and
(b) recover from the person who is then the owner of the land any expenses reasonably incurred by them in doing so.
(2) Where a listed building enforcement notice has been served in respect of a building—
(a) any expenses incurred by the owner or occupier of the building for the purpose of complying with it, and
(b) any sums paid by the owner of the building under subsection (1) in respect of expenses incurred by the local planning authority in taking steps required by it,
shall be deemed to be incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.
(3) Regulations under this Act may provide that all or any of the following sections of the Public Health Act 1936, namely—
(a) section 276 (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);
(b) section 289 (power to require the occupier of any premises to permit works to be executed by the owner of the premises);
(c) section 294 (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act),
shall apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by a listed building enforcement notice.
(4) Regulations under subsection (3) applying all or any of section 289 of that Act may include adaptations and modifications for the purpose of giving the owner of land to which such a notice relates the right, as against all other persons interested in the land, to comply with the requirements of the notice.
(5) Regulations under subsection (3) may also provide for the charging on the land on which the building stands of any expenses recoverable by a local planning authority under subsection (1).
(6) Any person who wilfully obstructs a person acting in the exercise of powers under subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
43 Offence where listed building enforcement notice not complied with.
(1) Where, at any time after the end of the period for compliance with the notice, any step required by a listed building enforcement notice to be taken has not been taken, the person who is then owner of the land is in breach of the notice.
(2) If at any time the owner of the land is in breach of a listed building enforcement notice he shall be guilty of an offence.
(3) An offence under this section may be charged by reference to any day or longer period of time and a person may be convicted of a second or subsequent offence under this section by reference to any period of time following the preceding conviction for such an offence.
(4) In proceedings against any person for an offence under this section, it shall be a defence for him to show—
(a) that he did everything he could be expected to do to secure that all the steps required by the notice were taken; or
(b) that he was not served with a copy of the listed building enforcement notice and was not aware of its existence.
(5) A person guilty of an offence under this section shall be liable on summary conviction, or on conviction on indictment, to a fine.
(6) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.
44 Effect of listed building consent on listed building enforcement notice.
(1) If, after the issue of a listed building enforcement notice, consent is granted under section 8(3)—
(a) for the retention of any work to which the notice relates; or
(b) permitting the retention of works without compliance with some condition subject to which a previous listed building consent was granted,
the notice shall cease to have effect in so far as it requires steps to be taken involving the works not being retained or, as the case may be, for complying with that condition.
(2) The fact that such a notice has wholly or partly ceased to have effect under subsection (1) shall not affect the liability of any person for an offence in respect of a previous failure to comply with that notice.
(1) Where a local planning authority consider it necessary or expedient for any actual or apprehended contravention of section 9(1) or (2) to be restrained by injunction, they may apply to the court for an injunction, whether or not they have exercised or are proposing to exercise any of their other powers under this Part.
(2) On an application under subsection (1) the court may grant such an injunction as the court thinks appropriate for the purpose of restraining the contravention.
(3) Rules of court may, in particular, provide for such an injunction to be issued against a person whose identity is unknown.
(4) The references in subsection (1) to a local planning authority include ... the Commission.
(5) In this section “ the court ” means the High Court or the county court.
(1) This section applies where it appears to a local planning authority ... that—
(a) works have been or are being executed to a listed building in their area, and
(b) the works are such as to involve a contravention of section 9(1) or (2).
(2) The authority may issue a temporary stop notice if, having regard to the effect of the works on the character of the building as one of special architectural or historic interest, they consider it is expedient that the works (or part of them) be stopped immediately.
(3) A temporary stop notice must be in writing and must—
(a) specify the works in question,
(b) prohibit execution of the works (or so much of them as is specified in the notice),
(c) set out the authority’s reasons for issuing the notice, and
(d) include a statement of the effect of section 44AB.
(4) A temporary stop notice may be served on a person who appears to the authority—
(a) to be executing the works or causing them to be executed,
(b) to have an interest in the building, or
(c) to be an occupier of the building.
(5) The authority must display a copy of the notice on the building; and the copy must specify the date on which it is first displayed.
(6) A temporary stop notice takes effect when the copy of it is first displayed in accordance with subsection (5).
(7) A temporary stop notice ceases to have effect—
(a) at the end of the period of 56 days beginning with the day on which the copy of it is first displayed in accordance with subsection (5), or
(b) if the notice specifies a shorter period beginning with that day, at the end of that period.
(8) But if the authority withdraws the notice before the time when it would otherwise cease to have effect under subsection (7), the notice ceases to have effect on its withdrawal.
(9) A local planning authority may not issue a subsequent temporary stop notice in relation to the same works unless the authority have, since issuing the previous notice, taken other enforcement action in relation to the contravention referred to in subsection (1)(b).
(10) The reference in subsection (9) to taking other enforcement action includes a reference to obtaining an injunction under section 44A.
(11) A temporary stop notice does not prohibit the execution of works of such description, or the execution of works in such circumstances, as the Secretary of State may by regulations prescribe.
(1) A person is guilty of an offence if the person contravenes, or causes or permits a contravention of, a temporary stop notice—
(a) which has been served on the person under section 44AA(4), or
(b) a copy of which has been displayed in accordance with section 44AA(5).
(2) An offence under this section may be charged by reference to a day or to some longer period; and accordingly, a person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different periods.
(3) In proceedings against a person for an offence under this section, it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.
(4) In proceedings against a person for an offence under this section, it is also a defence for the person to show—
(a) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building,
(b) that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter,
(c) that the works carried out were limited to the minimum measures immediately necessary, and
(d) that notice in writing justifying in detail the carrying out of the works was given to the local planning authority as soon as reasonably practicable.
(5) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.
(6) In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.
(1) A person who, on the day when a temporary stop notice is first displayed in accordance with section 44AA(5), has an interest in the building is, on making a claim to the local planning authority within the prescribed time and in the prescribed manner, entitled to be paid compensation by the authority in respect of any loss or damage directly attributable to the effect of the notice.
(2) But subsection (1) applies only if—
(a) the works specified in the notice are not such as to involve a contravention of section 9(1) or (2), or
(b) the authority withdraws the notice other than following the grant of listed building consent, after the day mentioned in subsection (1), which authorises the works.
(3) The loss or damage in respect of which compensation is payable under this section includes a sum payable in respect of a breach of contract caused by the taking of action necessary to comply with the notice.
(4) No compensation is payable under this section in the case of loss or damage suffered by a claimant if—
(a) the claimant was required to provide information under a relevant provision, and
(b) the loss or damage could have been avoided if the claimant had provided the information or had otherwise co-operated with the planning authority when responding to the notice.
(5) In subsection (4)(a), each of the following is a relevant provision—
(a) section 16 of the Local Government (Miscellaneous Provisions) Act 1976, and
(b) section 330 of the principal Act.
45 Commission to have concurrent enforcement functions in London.
The Commission shall, as respects any London borough, have concurrently with the council of that borough the functions of a local planning authority under sections 38 to 43 and 44AA to 44AC; and references to the local planning authority in those provisions , and in any provision of this Act referring to anything done under those provisions, shall be construed accordingly.
(1) If it appears to the Secretary of State to be expedient that a listed building enforcement notice should be issued in respect of any land, he may issue such a notice.
(1A) If it appears to the Secretary of State to be expedient that a temporary stop notice should be issued in respect of any land ..., the Secretary of State may issue such a notice.
(2) Before the Secretary of State serves a notice under subsection (1) or (1A) he shall consult—
(a) the local planning authority; and
(b) ... the Commission.
(3) A listed building enforcement notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority.
(3A) A temporary stop notice issued by the Secretary of State shall have the same effect as a notice issued by the local planning authority under section 44AA.
(4) In relation to a listed building enforcement notice issued by the Secretary of State, section 42 shall apply as if for any reference in that section to the local planning authority there were substituted a reference to the Secretary of State.
(5) References in this section to the local planning authority shall in the case of an authority for an area ... outside Greater London be construed as references to the district planning authority.
47 Compulsory acquisition of listed building in need of repair.
(1) If it appears to the Secretary of State that reasonable steps are not being taken for properly preserving a listed building he—
(a) may authorise the appropriate authority to acquire compulsorily under this section the building and any relevant land; or
(b) may himself compulsorily acquire them under this section.
(2) The Acquisition of Land Act 1981 shall apply to compulsory acquisition under this section.
(3) The Secretary of State shall not make or confirm a compulsory purchase order for the acquisition of any building by virtue of this section unless—
(a) in the case of the acquisition of a building ... otherwise than by the Commission, he has consulted with the Commission; and
(b) in any case, he is satisfied that it is expedient to make provision for the preservation of the building and to authorise its compulsory acquisition for that purpose.
(4) Any person having an interest in a building which it is proposed to acquire compulsorily under this section may, within 28 days after the service of the notice required by section 12 of that Act of 1981 or, as the case may be, paragraph 3(1) of Schedule 1 to that Act, apply to a magistrates’ court . . . for an order staying further proceedings on the compulsory purchase order.
(5) If on an application under subsection (4) the court is satisfied that reasonable steps have been taken for properly preserving the building, the court shall make an order accordingly.
(6) Any person aggrieved by the decision of a magistrates’ court on an application under subsection (4) may appeal against the decision to the Crown Court.
(6A) This section does not permit the acquisition of any interest in Crown land unless—
(a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and
(b) the appropriate authority (within the meaning of section 82C) consents to the acquisition.
(7) In this section—
“the appropriate authority” means—
(a) the council of the county ... or district in which the building is situated, or
(b) in the case of a building situated in Greater London, the Commission or the council of the London borough in which the building is situated, or
(c) in the case of a building situated outside Greater London, the joint planning board for the area in which the building is situated; or
(d) in the case of a building situated within the Broads, the Broads Authority;
“relevant land”, in relation to any building, means the land comprising or contiguous or adjacent to it which appears to the Secretary of State to be required for preserving the building or its amenities, or for affording access to it, or for its proper control or management.
48 Repairs notice as preliminary to acquisition under s. 47.
(1) The compulsory purchase of a building under section 47 shall not be started by the appropriate authority or by the Secretary of State unless at least two months previously the authority or, as the case may be, the Secretary of State has served on the owner of the building a notice under this section (in this section referred to as a “repairs notice”)—
(a) specifying the works which the appropriate authority or, as the case may be, the Secretary of State considers reasonably necessary for the proper preservation of the building; and
(b) explaining the effect of sections 47 to 50,
and the repairs notice has not been withdrawn.
(2) Where—
(a) a building is demolished after a repairs notice has been served in respect of it by an appropriate authority or the Secretary of State, but
(b) the Secretary of State is satisfied that he would have confirmed or, as the case may be, would have made a compulsory purchase order in respect of the building had it not been demolished,
the demolition of the building shall not prevent the authority or the Secretary of State from being authorised under section 47 to acquire compulsorily the site of the building.
(3) An appropriate authority or the Secretary of State may at any time withdraw a repairs notice served by them on any person; and if they do so, they shall immediately give him notice of the withdrawal.
(4) The Secretary of State shall consult with the Commission before he serves or withdraws a repairs notice in relation to a building ....
(5) Where a repairs notice has been served on a person in respect of a building, he shall not be entitled to serve a listed building purchase notice in respect of it—
(a) until the expiration of three months beginning with the date of the service of the repairs notice; or
(b) if during that period the compulsory acquisition of the building is begun under section 47, unless and until the compulsory acquisition is discontinued.
(6) For the purposes of this section a compulsory acquisition—
(a) is started when the notice required by section 12 of the Acquisition of Land Act 1981 or, as the case may be, paragraph 3(1) of Schedule 1 to that Act is served; and
(b) is discontinued—
(i) in the case of acquisition by the Secretary of State, when he decides not to make the compulsory purchase order or the order (having been made conditionally) expires by virtue of paragraph 4AA(2) of Schedule 1 to the Acquisition of Land Act 1981; and
(ii) in any other case, when the order is withdrawn or the Secretary of State decides not to confirm it or (having been confirmed conditionally) it expires by virtue of section 13BA(2)(b) of the Acquisition of Land Act 1981.
(7) In this section “appropriate authority” has the same meaning as in section 47.