PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 49



49.(1) Where it appears to the Ministry that any works have been, or are
being, executed to a listed building and are such as to involve a
contravention of Article 32(1) or (3), then, subject to paragraph (2), the
Ministry may, if it considers it expedient to do so having regard to the
effect of the works on the character of the building as one of special
architectural or historic interest serve a notice (in this Order referred to
as "a listed building enforcement notice")

(a)specifying the alleged contravention; and

(b)requiring such steps as may be specified in the notice for restoring that
building to its former state or, as the case may be, for bringing it to the
state it would have been in if the terms and conditions of any listed building
consent for the works had been complied with, to be taken within such period
as may be so specified.

(2) A listed building enforcement notice may be served only within the period
of four years from the date of the contravention to which it relates.

(3) Subject to paragraphs (4) and (5) a listed building enforcement notice
shall take effect at the end of such period (not being less than twenty-eight
days from the date of service of the notice) as may be specified in the
notice.

(4) If within the period specified in paragraph (3) an application is made for
listed building consent to carry out the works to which the listed building
enforcement notice relates, the notice shall be of no effect pending the final
determination of that application, and if that consent is granted on that
application, the notice shall not take effect.

(5) Where an appeal is brought under Article 50 the listed building
enforcement notice shall be of no effect pending the final determination or
withdrawal of the appeal.

(6) Articles 42(4), (10) and (11), and 44 and 46 shall with any necessary
modifications apply to a listed building enforcement notice as they apply to
an enforcement notice.

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 49