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High Speed Rail (London - West Midlands) Act 2017

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This is the original version (as it was originally enacted).

Section 25

SCHEDULE 18Listed buildings

This schedule has no associated Explanatory Notes

Buildings authorised to be demolished, altered or extended

1(1)This paragraph applies to—

(a)a listed building which—

(i)was such a building immediately before 30 September 2013, and

(ii)is specified in table 1 (see the end of this Schedule), and

(b)a listed building which was not such a building immediately before that date.

(2)If a listed building is one to which this paragraph applies—

(a)section 7 of the Listed Buildings and Conservation Areas Act (restriction on works affecting listed buildings) does not apply to works carried out in relation to the building in exercise of the powers under 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 under this Act, the notice does not have effect or, as the case may be, ceases 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 works proposed to be carried out in exercise of the powers under this Act, 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 works proposed to be carried out in exercise of the powers under this Act.

(3)In the case of a building specified in table 1 in relation to which any description of works is specified in column (3) of the table, sub-paragraph (2)(a) has effect as if the reference to works carried out in exercise of the powers under this Act were, as regards demolition or alteration works (as opposed to extension works), to works so carried out which are of the specified description.

(4)The reference in sub-paragraph (3) to alteration works does not include alteration works carried out for heritage or monitoring purposes (see paragraph 9(2)).

Buildings authorised to be altered or extended for heritage or monitoring purposes

2(1)This paragraph applies to a listed building which—

(a)was such a building immediately before 30 September 2013, and

(b)is specified in table 2 (see the end of this Schedule).

(2)In the case of a listed building to which this paragraph applies—

(a)section 7 of the Listed Buildings and Conservation Areas Act (restriction on works affecting listed buildings) does not apply to alteration or extension works which are carried out, in exercise of the powers under this Act, for heritage or monitoring purposes (see paragraph 9(2)),

(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 under this Act, the notice does not have effect or, as the case may be, ceases 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 works proposed to be carried out in exercise of the powers under this Act, 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 works proposed to be carried out in exercise of the powers under this Act.

Damage to buildings

3Section 59 of the Listed Buildings and Conservation Areas Act (acts causing or likely to result in damage to listed buildings) does not apply to anything done in exercise of the powers under this Act with respect to works.

Power to disapply provision made by paragraphs 1 to 3

4(1)The Secretary of State may by order make any provision specified in sub-paragraph (2) in relation to any work constructed in exercise of the powers under this Act.

(2)The provision referred to in sub-paragraph (1) is—

(a)provision that paragraphs 1(2)(a) and 2(2)(a) do not apply in relation to relevant works;

(b)provision that paragraphs 1(2)(b) to (d) and 2(2)(b) to 2(2)(d) do not apply in relation to proposed relevant works;

(c)provision that paragraph 3 does not apply in relation to relevant works.

(3)“Relevant works” means works which are—

(a)carried out in exercise of the powers under this Act for the maintenance or alteration of the work referred to in sub-paragraph (1), and

(b)begun on or after such day as may be specified in an order under that sub-paragraph.

(4)An order under sub-paragraph (1) may make different provision for different purposes.

(5)An order under sub-paragraph (1) must be made by statutory instrument; and a statutory instrument containing such an order must be laid before Parliament after being made.

Heritage partnership agreements

5The provisions of any agreement under section 26A of the Listed Buildings and Conservation Areas Act (heritage partnership agreements) in relation to a building have effect subject to the powers under this Act with respect to works.

Inspection and observation of works

6(1)Any person duly authorised in writing by the Historic Buildings and Monuments Commission for England (“the Commission”) or the relevant planning authority may at any reasonable time enter land for the purpose of inspecting or observing the carrying out in relation to any building on the land of decontrolled works.

(2)“Relevant planning authority” means the unitary authority or, in a non-unitary area, the district council in whose area the building is situated.

(3)The right under sub-paragraph (1) is not exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(4)A person exercising the right under sub-paragraph (1) must comply with directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

Recording of buildings

7(1)The nominated undertaker must not carry out decontrolled works consisting of the demolition of a listed building unless—

(a)notice of the proposal to carry out the works has been given to the Commission, and

(b)the appropriate period since the giving of the notice has expired.

(2)The appropriate period, subject to sub-paragraph (3), is—

(a)8 weeks, or

(b)such longer period as may have been agreed between the nominated undertaker and the Commission.

(3)In case of emergency, the appropriate period is such period as is reasonable in the circumstances.

(4)In determining whether the appropriate period has expired, any day on which entry to the building is refused under paragraph 8(2) is to be disregarded.

8(1)Following the giving of a notice under paragraph 7(1) in relation to a listed building, any person duly authorised in writing by the Commission may, at any reasonable time during the inspection period, enter the building for the purpose of recording it.

(2)The right under sub-paragraph (1) is not exercisable at a time when the nominated undertaker reasonably considers that it is not safe to exercise it.

(3)A person exercising the right under sub-paragraph (1) must comply with directions given by the nominated undertaker for the purpose of securing compliance with relevant health and safety provisions.

(4)For the purposes of sub-paragraph (1), the inspection period, in relation to a building which is the subject of a notice under paragraph 7(1), is the period—

(a)beginning when notice under that provision is given, and

(b)ending when the prohibition under that provision ceases to apply to the building.

Interpretation

9(1)In this Schedule—

  • “building” and “listed building” have the same meanings as in the Listed Buildings and Conservation Areas Act;

  • “decontrolled works” means works to which section 7 of the Listed Buildings and Conservation Areas Act would apply, but for paragraph 1(2)(a) or 2(2)(a) of this Schedule;

  • “the Listed Buildings and Conservation Areas Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990.

(2)For the purposes of this Schedule, works relating to a building are carried out for heritage or monitoring purposes if the works are carried out for the purpose of—

(a)maintaining or restoring the building’s character as a building of special architectural or historical interest, or

(b)affixing apparatus to any part of the building with a view to measuring any movement in the building or the ground on which it is erected in consequence of the carrying out of works in exercise of the powers under this Act.

(3)Anything which, by virtue of section 1(5) of the Listed Buildings and Conservation Areas Act (objects or structures fixed to, or within curtilage of, a building), is treated as part of a building for the purposes of that Act is to be treated as part of the building for the purposes of this Schedule.

Tables

TABLE 1: buildings authorised to be demolished, altered or extended

(1)(2)(3)
AreaBuildingWorks
London Borough of Camden14 and 15 Melton Street and attached railings Grade II
Monument to the Christie Family in St James’s Gardens, Hampstead Road Grade II
Obelisk to Baron Southampton in south west corner of St James’s Gardens, Hampstead Road Grade II
Drinking Fountain in St James’s Gardens, Hampstead Road Grade II
Statue of Robert Stephenson, Euston Station forecourt, Euston Square Grade II
Two lodges in Euston Square Gardens Grade IIAlterations relating to the de-coupling of attached railings
Alteration to curtilage structures associated with the former underpass in connection with reconfiguration of Euston Square Gardens
Railings around Euston Square Gardens Grade II
War Memorial, Euston Square Grade II*
Pair of stone piers with lamp standards to west end of Mornington Street Railway Bridge, Mornington Terrace Grade II
Pair of stone piers with lamp standards to east end of Mornington Street Railway Bridge, Park Village East Grade II
Concrete ramp and planting box in Alexandra Road Estate Grade II*Demolition of the concrete ramp and planting to construct the Alexandra Place vent shaft
Parkway Tunnel and Cutting Grade IIDemolition of the western wall of the cutting
Gloucester Gate Bridge Grade IIAlteration relating to utility modification works
County of Buckinghamshire District of Aylesbury Vale Parish of Stone with Bishopstone and Hartwell.Glebe House Grade II
Hartwell House Grade IPartial demolition of perimeter estate wall relating to realignment of A418
Parish of Steeple ClaydonShepherd’s Furze Farmhouse, Calvert Road Grade II
County of Northamptonshire District of South Northamptonshire Parish of Thorpe MandevilleLower Thorpe Farmhouse Grade II
City of BirminghamThe Fox and Grapes Public House, 16 Freeman Street, B5Grade II
Metropolitan Borough of Solihull Parish of Dickens HeathJerrings Hall Farm Grade IIAlterations relating to the relocation of the Island School Project
County of Warwickshire District of North Warwickshire Parish of ColeshillColeshill Hall Farmhouse, Birmingham Road Grade II
County of Staffordshire District of Lichfield Parish of HintsL-shaped range of farm outbuildings to the north west of Bucks Head Farmhouse Grade IIDemolition of curtilage structures (comprising detached agricultural building and Buck’s Head Farmhouse with attached agricultural structure), lying to the east and south-east of the listed building

TABLE 2: buildings authorised to be altered or extended for heritage or monitoring purposes

(1)(2)
AreaBuilding
London Borough of Camden1-9 (odd and even) Melton Street and attached railings Grade II*
119, 121 and 123 Parkway and attached railings Grade II
125 Parkway and attached railings Grade II
York and Albany Public House, 127 and 129, Parkway Grade II
2-16 (even), 22-34 (even), 36A and 36B and attached railings, Park Village East Grade II*
1-8 (odd and even), 10-14 (odd and even) and 17-19 (odd and even) and attached railings, Park Village West Grade II*
Two lamp posts outside numbers 8 and 11 Park Village West Grade II
The Royal George Public House, 8-14 (even) Eversholt Street Grade II
Regents Park Barracks Officers’ Mess, Regents Park Barracks, Block KGrade II
58 Mornington Terrace and attached wall and gate piers Grade II
Edinburgh Castle Public House, 57 Mornington Terrace Grade II
The Engineer Public House and attached wall, 65 Gloucester Avenue Grade II
Swiss Cottage Library, 88 Avenue Road Grade II
The Hampstead figure sculpture at Swiss Cottage Library, Avenue Road Grade II
Primrose Hill Tunnels (western entrance)Grade II
Church of All Souls, 21 Loudon Road Grade II
Alexandra Road Estate, including walls, ramps and steps, community centre and boiler house to Alexandra Road Estate 1-21 (including A and B to each number) 4-119 (including A and B to each number on south side, and A-K to each number on north side) Grade II*
The Roundhouse, Chalk Farm Road Grade II*
Regency Lodge, Adelaide Road Grade II
Camden Incline Winding Engine House Grade II*
Stanley Sidings, stables to the east of bonded warehouse Grade II
15-31 (odd) Gloucester Avenue Grade II
1-15 (odd and even) Prince Albert Road Grade II
London Borough of Brent10 Cambridge Avenue Grade II
Cambridge Hall, Cambridge Avenue Grade II
842 Harrow Road Grade II
London Borough of EalingPerivale Underground Station, Horsenden Lane Grade II
Former IBM distribution centre, Green Park Way, Greenford Grade II
Royal Borough of Kensington & ChelseaTomb of Andrew Ducrow, Kensal Green Cemetery Grade II*
Tomb of John St John Long, Kensal Green Cemetery Grade II*
Tomb of Mary Gibson, Kensal Green Cemetery Grade II*
Tomb of William Mulready, Royal Academy, Kensal Green Cemetery Grade II*
Birkbeck Mausoleum, Kensal Green Cemetery Grade II
Blumberg Mausoleum, Kensal Green Cemetery Grade II
Mausoleum of Baron John Frederick Andrew Huth, Kensal Green Cemetery Grade II
Mausoleum of Captain George Aikman, Kensal Green Cemetery Grade II
Mausoleum of James Dunlop, Kensal Green Cemetery Grade II
Mausoleum of James Morison, Kensal Green Cemetery Grade II
Mausoleum of Joseph Hudson, Kensal Green Cemetery Grade II
Monument to Edward Macklew, Kensal Green Cemetery Grade II
Monument to Frederick Albert Winsor, Kensal Green Cemetery Grade II
Monument to Major General Sir George de Lacy Evans, Kensal Green Cemetery Grade II
Monument to Sir Augustus Wollaston Franks, Kensal Green Cemetery Grade II
Monument to Sir George Farrant, Kensal Green Cemetery Grade II
Monument to the Molyneux Family, Kensal Green Cemetery Grade II
Monument to William Holland, Kensal Green Cemetery Grade II
Monuments to Joseph Locke and Phoebe McCreery, Kensal Green Cemetery Grade II
Sir William Molesworth Mausoleum, Kensal Green Cemetery Grade II
Tomb of Admiral Sir John Ross, Kensal Green Cemetery Grade II
Tomb of Alexander Bruce, Kensal Green Cemetery Grade II
Tomb of Alfred Cooke, Kensal Green Cemetery Grade II
Tomb of David Morris, Kensal Green Cemetery Grade II
Tomb of Frederick Tillson, Kensal Green Cemetery Grade II
Tomb of General Sir Warren Peacocke, Kensal Green Cemetery Grade II
Tomb of George Cruikshank, Kensal Green Cemetery Grade II
Tomb of John Cam Hobhouse, Baron Broughton De Gyfford, Kensal Green Cemetery Grade II
Tomb of John Collett, Kensal Green Cemetery Grade II
Tomb of John Gibson, Kensal Green Cemetery Grade II
Tomb of John Gordon, Kensal Green Cemetery Grade II
Tomb of John Murray, Kensal Green Cemetery Grade II
Tomb of Joseph Allmond Cropper, Kensal Green Cemetery Grade II
Tomb of Joseph Durham, Kensal Green Cemetery Grade II
Tomb of Lady Ann Isabella Noel Byron, Kensal Green Cemetery Grade II
Tomb of Martha Ross, Kensal Green Cemetery Grade II
Tomb of Sarah Smith, Kensal Green Cemetery Grade II
Tomb of Sir Francis Freeling, Kensal Green Cemetery Grade II
Tomb of Sir John Dean Paul, Kensal Green Cemetery Grade II
Tomb of the Earl of Galloway, Kensal Green Cemetery Grade II
Tomb of Thomas Cooke, Kensal Green Cemetery Grade II
Tomb of Thomas Hood, Kensal Green Cemetery Grade II
Tomb of Walter Peart and Henry Dean, Kensal Green Cemetery Grade II
Tomb of William Chappell, Kensal Green Cemetery Grade II
Tomb to Thomas Daniell RA, Kensal Green Cemetery Grade II
Perimeter walls and railings including entrance gateway opposite Wakeman Road, Kensal Green Cemetery Grade II
London Borough of Hammersmith & FulhamMonument to Maria Tusten, Kensal Green Cemetery Grade II
Tomb of Marigold Churchill, Kensal Green Cemetery Grade II
Parish boundary markers, Kensal Green Cemetery Grade II
City of Westminster156-170 (even) Fifth Avenue, Paddington Grade II
147-167 (odd) Fifth Avenue, Paddington Grade II
Beethoven Street School, Beethoven Street W10 Grade II
London Borough of HillingdonHighway Farmhouse Grade II
Forecourt walls to south of Highway Farmhouse Grade II
County of Buckinghamshire District of South Bucks Parish of DenhamFootbridge across River Colne, to north of Denham Court Grade II*
County of Hertfordshire District of Three RiversCorner Hall Grade II
County of Buckinghamshire District of Chiltern Parish of AmershamBarn to east of Lower Bottom Farm House Grade II
Stable to south of Lower Bottom Farm House Grade II
Lower Bottom Farmhouse Grade II
Buildings and walls of the Kitchen Garden at Shardeloes Park, Amersham Grade II
Parish of Chalfont St.GilesGranary to south-east of Lower Bottom Farm House Grade II
Parish Church of St Giles Grade I
The Stone Cottage, attached barn and outbuildings Grade II
Flag House Grade II
The Wellington Cottage and the Green Cottage Grade II
Peterson House Grade II
Parish of Great MissendenBarns and outhouses at Hyde Farmhouse Grade II
Hyde Farmhouse, Hyde Lane, Hyde Heath, Grade II
Stable Block at Cottage Farm Grade II
Granary at Cudsden Farm Grade II
Briarwood Grade II
86 Kings Lane Grade II
Sheepcotts Cottage Grade II
South Heath Farmhouse with attached barn Grade II
Parish of The LeeHunts Green Farmhouse Grade II
Barn to north of Hunts Green Farmhouse Grade II
District of Aylesbury Vale Parish of Stone with Bishopstone and HartwellWhaddon Hill Farmhouse Grade II
Park Lodge Grade II
Obelisk south of Hartwell House Grade II
Entrance arch and gates adjoining Park Lodge Grade II
Pair of statues south of Hartwell House Grade II
Parish of ChetwodeThe Hermitage Grade II
Sunflower Farmhouse Grade II
Parish of Steeple ClaydonRosehill Farmhouse Grade II
Outbuildings to west of Rosehill Farmhouse forming north and west sides of courtyard Grade II
County of Northamptonshire District of South Northamptonshire Parish of RadstoneChurch of St Lawrence Grade I
Parish of GreatworthGreatworth Hall Grade II
Parish of CulworthTrafford Bridge Grade II
Parish of Thorpe MandevilleStone walls, gatepiers and gateways at entrance to Manor House Grade II
Church of St John The Baptist Grade I
County of Warwickshire District of Stratford-on-Avon Parish of Long ItchingtonStoney Thorpe Hall Lodge (not included) gates and gatepiers approximately 7 metres south of Lodge Grade II
District of Warwick Parish of StoneleighStare Bridge, Stoneleigh Road, Stoneleigh Grade II*
East Lodge, Stoneleigh Road Grade II
Dale House Farmhouse, Dalehouse Lane, Stoneleigh Grade II
South Hurst Farm Cottages, 90 yards north east of South Hurst Farmhouse, Crackley Lane Grade II
District of North Warwickshire Parish of ColeshillGilson Hall Grade II
Parish of CurdworthBarn 20m southeast of Dunton Hall, Kingsbury Road Grade II
County of Staffordshire District of Lichfield Parish of Fradley and StreethayThe Manor House, Ryknield Street Grade II
The Manor House Plunge Bath, off A517 Burton Road Grade II
City of BirminghamLawley Street Railway Viaduct, Viaduct Street Grade II
Old Moor Street Station, Birmingham Grade II
British Rail Goods Office (Old Curzon Street Station), New Canal Street Grade I
1838 section of railway bridge into Curzon Street Station over Digbeth Branch Canal, Curzon Street Grade II
The Woodman Public House, 106 Albert Street Grade II
Metropolitan Borough of Solihull Parish of BickenhillPark Farmhouse, Chester Road, Bickenhill Grade II*
Parish of BerkswellLavender Hall Farmhouse Grade II*
Barn at Lavender Hall Farm Grade II

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