PART I continued CHAPTER IV continued
(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) do not involve such a contravention;
(c) that the contravention of that section alleged in the notice has not taken place;
(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 must be made by notice in writing to the Secretary of State before the date specified in the listed building enforcement notice as that on which it is to take effect.
(3) Where such an appeal is brought the listed building enforcement notice shall 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 in writing; 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.
(3) Schedule 3 applies to appeals under section 39.
(1) On the determination of an appeal under section 39, the Secretary of State shall give directions for giving effect to the determination, including where appropriate directions for quashing the listed building enforcement notice or for varying its terms.
(2) On such an appeal if the Secretary of State is satisfied that to do so will not cause injustice to the appellant or to the local planning authority, he may—
(a) correct any informality, defect or error in the listed building enforcement notice, or
(b) give directions for varying its terms.
(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.
(1) If any of the steps specified in the listed building enforcement notice have not been taken within the compliance period, 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 [1936 c. 49.] 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) Where any expenses are recoverable by a local planning authority by virtue of this section, those expenses shall be recoverable as a simple contract debt in any court of competent jurisdiction.
(7) In this section and in section 43 references to “the compliance period”, in relation to a listed building enforcement notice, are references to the period specified in the notice as that within which the steps specified in it are to be taken, or such extended period as the local planning authority may allow for the taking of those steps.
(1) Where a listed building enforcement notice has been served on the person who at the time when the notice was served was the owner of the building to which it relates, and any steps required by the notice have not been taken within the compliance period, then subject to the provisions of this section, that person shall be guilty of an offence and liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to a fine.
(2) Where proceedings have been brought under subsection (1) against a person (“the original owner”) who ceased to be the owner of the building before the end of the compliance period, if he—
(a) duly lays information to that effect; and
(b) gives the prosecution not less than three clear days' notice of his intention,
he shall be entitled to have the person who then became the owner of the building (“the subsequent owner”) brought before the court in the proceedings.
(3) Where in such proceedings—
(a) it is proved that any steps required by the notice have not been taken within the compliance period; and
(b) the original owner proves that the failure to take those steps was attributable, in whole or in part, to the default of the subsequent owner,
then—
(i) the subsequent owner may be convicted of the offence; and
(ii) if the original owner also proves that he took all reasonable steps to secure compliance with the notice, he shall be acquitted of the offence.
(4) If, after a person has been convicted under the previous provisions of this section, he does not as soon as practicable do everything in his power to secure compliance with the notice, he shall be guilty of a further offence and liable—
(a) on summary conviction, to a fine not exceeding £200 for each day following his first conviction on which any of the requirements of the notice remain unfulfilled; or
(b) on conviction on indictment, to a fine.
(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.
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 references to the local planning authority in 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.
(2) Before the Secretary of State serves a notice under subsection (1) he shall consult—
(a) the local planning authority; and
(b) if the land is situated in England, 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.
(4) In relation to a listed building enforcement notice issued by the Secretary of State, sections 42 and 43 shall apply as if for any reference in those sections 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.
(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 [1981 c. 67.] 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 situated in England 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 acting for the petty sessions area within which the building is situated 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.
(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.
(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 situated in England.
(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 [1981 c. 67.] 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; and
(ii) in any other case, when the order is withdrawn or the Secretary of State decides not to confirm it.
(7) In this section “appropriate authority” has the same meaning as in section 47.
Subject to section 50, for the purpose of assessing compensation in respect of any compulsory acquisition of land including a building which immediately before the date of the compulsory purchase order was listed, it shall be assumed that listed building consent would be granted for any works—
(a) for the alteration or extension of the building; or
(b) for the demolition of the building for the purpose of development of any class specified in Schedule 3 to the principal Act (development not constituting new development),
other than works in respect of which such consent has been applied for before the date of the order and refused by the Secretary of State, or granted by him subject to conditions, the circumstances having been such that on that refusal or grant compensation became payable under section 27.
(1) Where the appropriate authority within the meaning of section 47—
(a) propose to acquire a building compulsorily under that section; and
(b) are satisfied that the building has been deliberately allowed to fall into disrepair for the purpose of justifying its demolition and the development or redevelopment of the site or any adjoining site,
they may include in the compulsory purchase order as submitted to the Secretary of State for confirmation a direction for minimum compensation.
(2) Subject to the provisions of this section, where the Secretary of State acquires a building compulsorily under section 47, he may, if he is satisfied as mentioned in subsection (1)(b), include a direction for minimum compensation in the compulsory purchase order.
(3) Without prejudice to so much of section 12 of the [1981 c. 67.] Acquisition of Land Act 1981 or, as the case may be, paragraph 3(1) of Schedule 1 to that Act (notices stating effect of compulsory purchase order or, as the case may be, draft order) as requires the notice to state the effect of the order, the notice required to be served in accordance with that provision shall—
(a) include a statement that a direction for minimum compensation has been included in the order or, as the case may be, in the draft order prepared by the Secretary of State in accordance with Schedule 1 to that Act; and
(b) explain the meaning of the expression “direction for minimum compensation”.
(4) A direction for minimum compensation, in relation to a building compulsorily acquired, is a direction that for the purpose of assessing compensation it is to be assumed, notwithstanding anything to the contrary in the [1961 c. 33.] Land Compensation Act 1961, the principal Act, or this Act —
(a) that planning permission would not be granted for any development or re-development of the site of the building; and
(b) that listed building consent would not be granted for any works for the demolition, alteration or extension of the building other than development or works necessary for restoring it to and maintaining it in a proper state of repair.
(5) If a compulsory purchase order is confirmed or made with the inclusion of a direction for minimum compensation, the compensation in respect of the compulsory acquisition shall be assessed in accordance with the direction.
(6) Where such a direction is included in a compulsory purchase order or, as the case may be, in a draft order prepared by the Secretary of State, any person having an interest in the building may, within 28 days after the service of the notice mentioned in subsection (3), apply to a magistrates' court acting for the petty sessions area in which the building is situated for an order that no such direction be included in the compulsory purchase order as confirmed or made by the Secretary of State.
(7) If the court to which an application is made under subsection (6) is satisfied that the building in respect of which the application is made has not been deliberately allowed to fall into disrepair for the purpose mentioned in subsection (1)(b) the court shall make the order applied for.
(8) A person aggrieved by the decision of a magistrates' court on an application under subsection (6) may appeal against the decision to the Crown Court.
(9) The rights conferred by subsections (6) and (8) shall not prejudice those conferred by section 47(4) and (6).
(1) Subject to the provisions of this section, upon the completion of a compulsory acquisition of land under section 47—
(a) all private rights of way and rights of laying down, erecting, continuing or maintaining any apparatus on, under or over the land shall be extinguished, and
(b) any such apparatus shall vest in the acquiring authority.
(2) Subsection (1) shall not apply—
(a) to any right vested in, or apparatus belonging to, statutory undertakers for the purpose of the carrying on of their undertaking, or
(b) to any right conferred by or in accordance with the telecommunications code on the operator of a telecommunications code system, or
(c) to any telecommunication apparatus kept installed for the purposes of any such system.
(3) In respect of any right or apparatus not falling within subsection (2), subsection (1) shall have effect subject—
(a) to any direction given by the acquiring authority before the completion of the acquisition that subsection (1) shall not apply to any right or apparatus specified in the direction; and
(b) to any agreement which may be made (whether before or after the completion of the acquisition) between the acquiring authority and the person in or to whom the right or apparatus in question is vested or belongs.
(4) Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this section shall be entitled to compensation from the acquiring authority.
(5) Any compensation payable under this section shall be determined in accordance with the [1961 c. 33.] Land Compensation Act 1961.
(1) The council of any county, district or London borough or a joint planning board for an area outside Greater London may acquire by agreement—
(a) any building appearing to them to be of special architectural or historic interest; and
(b) any land comprising or contiguous or adjacent to such a building which appears to the Secretary of State to be required—
(i) for preserving the building or its amenities, or
(ii) for affording access to it, or
(iii) for its proper control or management.
(2) The provisions of Part I of the [1965 c. 56.] Compulsory Purchase Act 1965 (so far as applicable), other than sections 4 to 8, 10 and 31, shall apply in relation to the acquisition of land under subsection (1), but references in that Part to the execution of the works shall be construed as including references to—
(a) any erection, construction or carrying out of buildings or works authorised by section 237 of the principal Act; and
(b) any erection, construction or carrying out of buildings or works on behalf of a Minister or statutory undertakers on land acquired by that Minister or those undertakers, where the buildings or works are erected, constructed or carried out for the purposes for which the land was acquired.
(1) Where—
(a) a local authority or joint planning board acquire any building or other land under section 47(1) or 52(1)(a) or (b); or
(b) the Commission acquire any building or other land under section 47(1),
they may make such arrangements as to its management, use or disposal as they consider appropriate for the purpose of its preservation.
(2) Where the Secretary of State acquires any building or other land under section 47(1), he may—
(a) make such arrangements as he thinks fit as to the management, custody or use of the building or land; and
(b) dispose of or otherwise deal with any such building or land as he may from time to time determine.
(3) The Commission may be a party to such arrangements as are mentioned in subsection (2) if they relate to property situated in England.
(1) A local authority may execute any works which appear to them to be urgently necessary for the preservation of a listed building in their area.
(2) If it appears to the Secretary of State that any works are urgently necessary for the preservation of a listed building—
(a) if the building is in England, he shall authorise the Commission to execute any works specified in the authorisation which appear to him to be urgently necessary for its preservation; or
(b) if the building is in Wales, he may himself execute any works which appear to him to be urgently necessary for its preservation.
(3) The works which may be executed under this section may consist of or include works for affording temporary support or shelter for the building.
(4) If the building is occupied works may be carried out only to those parts which are not in use.
(5) The owner of the building must be given not less than seven days notice in writing of the intention to carry out the works and, in the case of works authorised under subsection (2)(a), the Commission shall give that notice.
(6) A notice under subsection (5) shall describe the works proposed to be carried out.
(7) As respects buildings in Greater London, the functions of a local authority under this section are exercisable concurrently by the Commission and the relevant London borough council.
(1) This section has effect for enabling the expenses of works executed under section 54 to be recovered by the authority who carried out the works, that is to say the local authority, the Commission or the Secretary of State or, in the case of works carried out by the Commission on behalf of the Secretary of State, the Secretary of State.
(2) That authority may give notice to the owner of the building requiring him to pay the expenses of the works.
(3) Where the works consist of or include works for affording temporary support or shelter for the building—
(a) the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used; and
(b) notices under subsection (2) in respect of any such continuing expenses may be given from time to time.
(4) The owner may within 28 days of the service of the notice represent to the Secretary of State—
(a) that some or all of the works were unnecessary for the preservation of the building; or
(b) in the case of works for affording temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time; or
(c) that the amount specified in the notice is unreasonable; or
(d) that the recovery of that amount would cause him hardship,
and the Secretary of State shall determine to what extent the representations are justified.
(5) The Secretary of State shall give notice of his determination, the reasons for it and the amount recoverable—
(a) to the owner of the building; and
(b) if the authority who gave notice under subsection (2) is a local authority or the Commission, to them.
(6) Any expenses recoverable by virtue of this section shall be recoverable as a simple contract debt in any court of competent jurisdiction.