PLANNING (NORTHERN IRELAND) ORDER 1972

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PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 32



32.(1) 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 this Part, he shall be guilty of an offence.

(2) Works for the demolition, alteration or extension of a listed building are
authorised under this Part only if

(a)written consent (in this Order referred to as "listed building consent")
for the execution of the works has been granted by the Ministry and the works
are carried out in accordance with the terms of the consent and any conditions
which may be attached to the consent under Article 33; and

(b)in the case of demolition

(i)a person duly authorised in writing by the Ministry 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 Ministry has stated in writing that it has completed its recording of
the building or that it does not wish to record it.

(3) Without prejudice to paragraph (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 under
Article 33, he shall be guilty of an offence.

(4) A person guilty of an offence under paragrah (1) or (3) shall be liable on
summary conviction to a fine of not more than [#1,000] or on conviction on
indictment to a fine and in determining the amount of any fine imposed on a
person convicted on indictment the court shall have particular regard to any
financial benefit which has accrued or is likely to accrue to him in
consequence of the offence.

(5) In proceedings for an offence under this Article it shall be a defence to
prove that the works were urgently necessary

(a)in the interests of safety or health; or

(b)for the preservation of the building;

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Northern Irish Legislation

PLANNING (NORTHERN IRELAND) ORDER 1972 - SECT 32