Part 4

Additional planning control
Chapter 1

Listed buildings and conservation areas

Power to decline to determine application for listed building consent

Revocation or modification of listed building consent by the Department
101
1
If it appears to the Department that it is expedient that an order should be made under section 98 revoking or modifying any listed building consent granted on an application under this Part, it may make such an order revoking or modifying the consent to such extent as it considers expedient.
2
In performing its functions under subsection (1) the Department must have regard to any material considerations.
3
The Department must not make an order under that subsection without consulting the appropriate council.
4
Where the Department proposes to make such an order it must serve notice on—
a
the owner of the building affected;
b
the occupier of that building; and
c
any other person who in its opinion will be affected by the order.
5
The notice must specify the period (which shall not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by the planning appeals commission.
6
If within that period a person on whom it is served so requires, before the Department makes the order it must give such an opportunity both to that person and to the council.
7
The power conferred by this section to revoke or modify listed building consent in respect of any works may be exercised at any time before those works have been completed, but the revocation or modification shall not affect so much of those works as has been previously carried out.
8
An order under this section shall have the same effect as if it had been made by the council under section 98 and confirmed by the Department under section 99.
S. 101 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
Pt. 4 (except chpts. 1, 2) applied with modification(s) (1.4.2015) by The Planning General Regulations (Northern Ireland) 2015 (S.R. 2015/39), regs. 1(1), 2 (with regs. 3-10)
Ss. 92-101 applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 15, Sch. 2
Pt. 4 chapter 1 (except ss. 92-93 102) applied with modification(s) (1.4.2015) by The Planning (Conservation Areas) (Demolition) Regulations (Northern Ireland) 2015 (S.R. 2015/107), regs. 1, 11
S. 101 in operation at 1.4.2015 in so far as not already in operation by S.R. 2015/49, art. 3, Sch. 1 (with Sch. 2) (as amended (16.3.2016) by S.R. 2016/159, art. 2)
Ss. 86-103: transfer of functions (8.5.2016) by The Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016/76), art. 1(2), Sch. 5 Pt. 2 (with art. 9(2))