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The Planning(Northern Ireland) Order 1991

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This is the original version (as it was originally made).

Acts causing or likely to result in damage to listed buildings

49.—(1) Where a building, not being a building excluded by paragraph (8) of Article 44 from the operation of that Article, is included in a list compiled under Article 42, then, if any person who, but for this Article, would be entitled to do so—

(a)does or permits the doing of any act which causes or is likely to result in damage to the building (other than an act for the execution of excepted works); and

(b)does or permits the act with the intention of causing such damage;

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) In paragraph (1) “excepted works” means—

(a)works authorised by planning permission granted in pursuance of an application under this Order; or

(b)works for which listed building consent has been given under this Order.

(3) Where a person convicted under this Article fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the failure continues.

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