Lapse of building preservation noticesN.I.
83—(1) This section applies where a building preservation notice ceases to be in force by virtue of—
(a)the expiry of the 6 month period mentioned in subsection (3)(b) of section 81; or
(b)the service of a notification by the Department under subsection (4)(b) of that section.
(2) The fact that the notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 85 or section 147 (as applied by section 157(6)) committed with respect to the building while it was in force.
(3) Any proceedings on or arising out of an application for listed building consent with respect to the building made while the notice was in force and any such consent granted while it was in force shall lapse.
(4) Any listed building enforcement notice served by the council while the building preservation notice was in force shall cease to have effect.
(5) Any proceedings relating to a listed building enforcement notice served by the council while the building preservation notice was in force shall lapse.
(6) Notwithstanding subsection (4), subsections (1) and (2) of section 146 (execution and costs of works required by enforcement notice), as applied by section 157(6), shall continue to have effect as respects any expenses incurred by the council or the owner or occupier as mentioned in that section and with respect to any sums paid on account of such expenses.
Modifications etc. (not altering text)
C1Pt. 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
C2Pt. 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)
C3Ss. 80-84: 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. 1 (with art. 9(2))
Commencement Information
I1S. 83 in operation at 13.2.2015 for specified purposes by S.R. 2015/49, art. 2, Sch. 1
I2S. 83 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)