Town and Country Amenities Act 1974

Listed buildings etc.

4 Extension of special publicity requirements to planning applications affecting settings of listed buildings

(1) At the end of paragraph (a) of subsection (1) of section 28 of the Town and Country Planning Act 1971 (which imposes special requirements as to publicity for planning applications affecting conservation areas) there shall be added:— “or

(aa) the development would, in the opinion of the authority, affect the setting of a listed building.”

(2) At the end of paragraph (a) of subsection (1) of section 25 of the [1971 c. 78.] Town and Country Planning (Scotland) Act 1972 (which makes corresponding provision for Scotland) there shall be added:—

“(aa) the development would, in the opinion of the authority, affect the setting of a listed building; or”.

(3) In Schedule 29 to the [1973 c. 65.] Local Government (Scotland) Act 1973 (repeals), for the entry relating to section 25(1) of the Town and Country Planning (Scotland) Act 1972 there shall be substituted the following entry:—

“In section 25(1), paragraph (b) and the word "or" immediately preceding it.”

5 Urgent repair of unoccupied buildings

(1) For section 101 of the [1971 c. 78.] Town and Country Planning Act 1971 (which gives a local authority power to execute urgent works for the preservation of unoccupied listed buildings) there shall be substituted the following section:—

“101 Urgent works for preservation of unoccupied buildings.

(1) This section applies to any unoccupied building which satisfies one of the conditions specified in subsection (2) below but is not an excepted building as defined in section 58(2) above.

(2) The conditions mentioned in subsection (1) above are—

(a) that the building is a listed building;

(b) that a direction that this section shall apply to the building has been given under subsection (3) below.

(3) If it appears to the Secretary of State, in the case of a building which is not a listed building but is situated in a conservation area, that it is important to preserve it for the purpose of maintaining the character or appearance of the conservation area, he may direct that this section shall apply to it.

(4) If it appears to a local authority that any works are urgently necessary for the preservation of a building to which this section applies and which is situated in their area, they may execute the works, after giving the owner of the building not less than seven days' notice in writing of their intention to do so.

(5) If it appears to the Secretary of State that any works are urgently necessary for the preservation of a building to which this section applies, he may execute the works, after giving the owner of the building not less than seven days notice in writing of his intention to do so.

(6) The local authority or, as the case may be, the Secretary of State may give notice to the owner of the building requiring him to pay the expenses of any works executed under subsection (4) or (5) above; and if such a notice is given by the local authority or the Secretary of State, the amount specified in the notice shall be recoverable from the owner, subject to subsections (7) to (9) below.

(7) Within 28 days of the date of a notice under subsection (6) above, the owner may represent to the Secretary of State—

(a) that the amount specified in the notice is unreasonable; or

(b) that recovery of it would cause him hardship ; or

(c) that some or all of the works were unnecessary for the building's preservation.

(8) The Secretary of State shall determine the extent, if any, to which representations under subsection (7) above are justified.

(9) The Secretary of State shall give the owner and the local authority notice of any determination under subsection (8) above and of the reasons for it, and of the amount (if any) which is to be recoverable from the owner; and no sum shall be recoverable from him unless it is so notified.”.

(2) For section 97 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (which gives a planning authority power to execute urgent works for the preservation of unoccupied listed buildings) there shall be substituted the following section:—

“97 Urgent works for preservation of unoccupied buildings.

(1) This section applies to any unoccupied building which satisfies one of the conditions specified in subsection (2) below but is not an excepted building as defined in section 56(2) above.

(2) The conditions mentioned in subsection (1) above are—

(a) that the building is a listed building ;

(b) that a direction that this section shall apply to the building has been given under subsection (3) below.

(3) If it appears to the Secretary of State, in the case of a building which is not a listed building but is situated in a conservation area, that it is important to preserve it for the purpose of maintaining the character or appearance of the conservation area, he may direct that this section shall apply to it.

(4) If it appears to a planning authority that any works are urgently necessary for the preservation of a building to which this section applies and which is situated in their district, they may execute the works, after giving the owner of the building not less than seven days notice in writing of their intention to do so.

(5) If it appears to the Secretary of State that any works are urgently necessary for the preservation of a building to which this section applies, he may execute the works, after giving the owner of the building not less than seven days notice in writing of his intention to do so.

(6) The planning authority or, as the case may be, the Secretory of State may give notice to the owner of the building requiring him to pay the expenses of any works executed under subsection (4) or (5) above ; and if such a notice is given by the planning authority or the Secretary of State, the amount specified in the notice shall be recoverable from the owner, subject to subsections (7) to (9) below.

(7) Within 28 days of the date of a notice under subsection (6) above, the owner may represent to the Secretary of State—

(a) that the amount specified in the notice is unreasonable; or

(b) that recovery of it would cause him hardship ; or

(c) that some or all of the works were unnecessary for the building's preservation.

(8) The Secretary of State shall determine the extent, if any, to which representations under subsection (7) above are justified.

(9) The Secretary of State shall give the owner and the planning authority notice of any determination under subsection (8) above and of the reasons for it, and of the amount (if any) which is to be recoverable from the owner; and no sum shall be recoverable from him unless it is so notified.”.

6 Compulsory acquisition of listed buildings

In section 116 of the [1971 c. 78.] Town and Country Planning Act 1971 (which directs that in assessing compensation on compulsory acquisition of a listed building it shall be assumed that listed building consent would be granted for its alteration, extension or demolition), and in section 106 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (which makes corresponding provision for Scotland), the words " or for its demolition " shall cease to have effect except so far as they refer to demolition for the purpose of development of any class specified in Schedule 8 to the Town and Country Planning Act 1971 or Schedule 6 to the Town and Country Planning (Scotland) Act 1972 (development not constituting new development).

7 Local authority listed buildings

(1) For section 271 of the Town and Country Planning Act 1971 (regulations applying provisions of that Act as to listed buildings to local planning authorities) there shall be substituted the following section:—

“271 The provisions of this Act specified in Part VI of Schedule 21 to this Act shall have effect for the purpose of applications by local planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed by regulations ; and the regulations may in particular provide for the making of applications for listed building consent to the Secretary of State and for the service of notices under the said provisions by him.”.

(2) For section 257 of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972 (regulations applying provisions of that Act as to listed buildings to planning authorities) there shall be substituted the following section:—

“257 The provisions of this Act specified in Part IV of Schedule 19 to this Act shall have effect for the purpose of applications by planning authorities relating to the execution of works for the demolition, alteration or extension of listed buildings, subject to such exceptions and modifications as may be prescribed by regulations; and the regulations may in particular provide for the making of applications for listed building consent to the Secretary of State and for the service of notices under the said provisions by him.”.