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Planning Act (Northern Ireland) 2011

Commentary on Sections

Part 8: Further provisions as to historic buildings.

Section 198: Historic Buildings Council

This section authorises the continuance of the Historic Buildings Council. It also outlines the functions of a council as keeping under review the general state of preservation of listed buildings, advising the Department on the preservation of such buildings as the Department may refer to it and such other functions as conferred on it by statutory provision.

Section 199: Grants and loans for preservation or acquisition of listed buildings

Under this section the Department has the power to make a contribution to expenditure (through grants or loans) incurred in the repair or maintenance of a listed building or in the upkeep of land comprising any such building or repair or in the maintenance of objects kept in the building.   The Department, in conjunction with Department of Finance and Personnel, can make grants or loans to the National Trust towards the cost of acquiring a listed building, any land associated with any such building, or any objects which are usually kept in the building.

Section 200: Acquisition of listed buildings by agreement

Under this section the Department may acquire a listed building or land comprising such a building by agreement, purchase, lease or otherwise or by gift.  The Department may also acquire objects which have been kept in a listed building or an estate vested in the Department or in a listed building under its control or management.  The Department may at its discretion make arrangements for the management, custody and use of property acquired or accepted by it.

Section 201: Acceptance by Department of endowments in respect of listed buildings

This section sets out arrangements for the acceptance by the Department of endowments in respect of listed buildings.

Section 202: Compulsory acquisition of listed buildings

Under this section the Department may intervene and compulsorily acquire a listed building and any land associated with the building if the Department determines it necessary to preserve the building or for its proper control or management.  Compulsory acquisition procedures are set out within the section.

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Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.


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