Planning Act (Northern Ireland) 2011

Control of demolition in conservation areas

105.—(1) This section applies to all buildings in conservation areas other than—

(a) listed buildings;

(b) buildings of a class specified in section 85(8);

(c) buildings in relation to which a direction under subsection (4) is for the time being in force.

(2) A building to which this section applies shall not be demolished without the consent (in this Act referred to as a “conservation area consent”) of the appropriate authority.

(3) The appropriate authority for the purposes of this section is—

(a) in relation to applications for consent made by councils, the Department;

(b) in relation to other applications for consent, the council or the Department.

(4) The Department may direct that this section shall not apply to a description of buildings specified in the direction.

(5) Where the Department gives a direction under subsection (4), it must publish a copy of the direction in the Belfast Gazette and in a newspaper circulating in the area in which the buildings are situated.

(6) Sections 85 to 102, 107, 157 to 160, 181 and 191 shall have effect in relation to buildings to which this section applies as they have effect in relation to listed buildings, subject to such exceptions and modifications as may be prescribed.

(7) If this section ceases to apply to a building—

(a) any proceedings on or arising out of an application for conservation area consent made while this section applied to the building shall lapse;

(b) any conservation area consent granted with respect to the building shall also lapse;

(c) the cesser shall not affect the liability of any person to be prosecuted and punished for an offence under section 85 or 157 (as applied by subsection (6)) committed by that person with respect to the building while this section applied to it.

(8) For the purposes of this section, any reference to demolition, in relation to a building to which this section applies, includes a reference to any structural alteration of that building where the alteration consists of demolishing part of the building.