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1(1)Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 30th September 1994 and is specified in columns (1) and (2) of the following table—E+W+S+N.I.
(a)section 7 of the M1Planning (Listed Buildings and Conservation Areas) Act 1990 (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by this Part of this Act,
(b)to the extent that a notice issued in relation to the building under section 38(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect,
(c)no steps may be taken in relation to the building under section 42(1) of that Act (execution of works specified in notice under section 38(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above, and
(d)no works may be executed for the preservation of the building under section 54 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.
(2)In the case of any building specified in columns (1) and (2) of the following table in relation to which any description of works is specified in column (3) of that table, sub-paragraph (1) above shall have effect as if the references to works carried out in exercise of the powers conferred by this Part of this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.
(3)Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.
(3)Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 30th September 1994.
(4)If a building included in a conservation area and not a listed building—
(a)was not included in a conservation area immediately before 30th September 1994, or
(b)was included in such an area immediately before that date and is specified in columns (1) and (2) of the following table,
section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (control of demolition in conservation areas) shall not apply to the demolition of it in exercise of the powers conferred by this Part of this Act.
(5)Anything which, by virtue of section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.
(6)In this paragraph, “building”and “listed building” have the same meanings as in the Planning (Listed Buildings and Conservation Areas) Act 1990.
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
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