C2Part 4Additional planning control
C3C2Chapter 1Listed buildings and conservation areas
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
Listed buildings
I1I2C3C1C285C3C2Control of works for demolition, alteration or extension of listed buildings
C51
Subject to this Part, if a person executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, and the works are not authorised under subsection (2), that person shall be guilty of an offence.
C52
Works for the demolition, alteration or extension of a listed building are authorised under this Part if—
a
written consent for the execution of the works has been granted by a council or the Department and the works are carried out in accordance with the terms of the consent and any conditions which may be attached to the consent; and
b
in the case of demolition—
i
a person duly authorised in writing by the Department has been afforded reasonable access to the building for a period of at least one month following the grant of listed building consent and before the commencement of the works, for the purpose of recording it; or
ii
the Department has stated in writing that it has completed its recording of the building or that it does not wish to record it.
C53
If written consent is granted by a council or the Department for the retention of works for the demolition of a listed building, or for its alteration or extension, which have been executed without consent under subsection (2), the works are authorised under this Part from the grant of the consent under this subsection.
C54
Consent under subsection (2) or (3) is referred to in this Act as “listed building consent”.
C55
Without prejudice to subsection (1), if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent that person shall be guilty of an offence.
C56
A person guilty of an offence under subsection (1) or (5) shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding £100,000, or both;
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both,
and in determining the amount of any fine imposed on a person convicted of an offence under subsection (1) or (5) the court shall have particular regard to any financial benefit which has accrued or is likely to accrue to that person in consequence of the offence.
C57
In proceedings for an offence under this section it shall be a defence to prove the following matters—
a
that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building;
b
that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter;
c
that the works carried out were limited to the minimum measures immediately necessary; and
d
that notice in writing justifying in detail the carrying out of works was given to the council as soon as reasonably practicable.
C58
This section shall not apply to works for the demolition, alteration or extension of—
a
an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works; or
b
a building for the time being included in the schedule of monuments compiled and maintained under Article 3 of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995 (NI 9);
and for the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of that office shall be treated as not being an ecclesiastical building.
C49
Subsection (8) shall cease to have effect on such date as the Department may by order appoint.
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)