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PART IXE+W SLUM CLEARANCE

Modifications etc. (not altering text)

C2Pt. IX (ss. 264–323): power to apply certain functions conferred by Housing Act 1988 (c. 50, SIF 61), s. 65(2)(a)(4)

Listed buildingsE+W

303 Meaning of “listed building”.E+W

In this Part “listed building” means a building included in a list of buildings of special architectural or historic interest under [F1section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990].

Textual Amendments

304 Closing order to be made in respect of listed building subject to s. 265.E+W

(1)A local housing authority shall not make a demolition order under section 265 [F2(power to make demolition order)] in respect of a listed building but shall instead make a closing order under [F3section 264].

(2)Where a [F4dwelling-house, house in multiple occupation or building] in respect of which a demolition order has been made becomes a listed building, the local housing authority shall determine the order, whether or not it has become operative, and make a closing order in respect of the [F4dwelling-house, house in multiple occupation or building]; and they shall serve—

(a)notice that the demolition order has been determined, and

(b)a copy of the closing order,

on every person on whom they would be required by section 268 to serve a copy of a closing order made under [F5section 264].

(3)The Secretary of State may give notice in respect of a [F6dwelling-house, house in multiple occupation or building] to the local housing authority stating that its architectural or historic interest is sufficient to render it inexpedient that it should be demolished pending determination of the question whether it should be a listed building; and the provisions of this section apply to a [F6dwelling-house, house in multiple occupation or building] in respect of which such a notice is in force as they apply to a listed building.

Textual Amendments

305 Building becoming listed when subject to compulsory purchase for clearance.E+W

(1)Where a building to which a compulsory purchase order under section 290 applies (acquisition of land for clearance) becomes a listed building at any time after the making of the order, the authority making the order may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) [F7for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990] to the demolition of the building.

(2)If the authority have not served notice to treat in respect of the building under section 5 of the M1Compulsory Purchase Act 1965, they shall not do so unless and until the Secretary of State gives that consent.

(3)The following provisions of this section have effect where—

(a)an application for such consent is made and refused, or

(b)the period for making an application expires without the authority having made an application;

and in those provisions “the relevant date” means the date of the refusal or, as the case may be, the expiry of that period.

(4)If at the relevant date—

(a)the building has not vested in the authority, and

(b)no notice to treat has been served by the authority under section 5 of the M2Compulsory Purchase Act 1965 in respect of an interest in the building.

the compulsory purchase order shall cease to have effect in relation to the building and, where applicable, the building shall cease to be comprised in a clearance area.

(5)Where a [F8residential building] which was included in a clearance area solely be reason of its being unfit for human habitation ceases to be comprised in the area by virtue of subsection (4), the authority concerned shall forthwith [F9in accordance with section 604A (disregarding guidance under that section in respect of sections 265 and 289), take action under whichever of sections 189 and 264 it considers to be the most satisfactory course of action.]

(6)Where subsection (4) does not apply, the authority shall cease to be subject to the duty imposed by section 291 (method of dealing with land acquired for clearance) to demolish the building, and—

(a)if the building or an interest in it is vested in the authority at the relevant date, it shall be treated in the case of a [F10residential building] as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of [F11Part IX of the Town and Country Planning Act 1990] (planning purposes);

(b)in relation to an interest in the building which has not at the relevant date vested in the authority, the compulsory purchase order has effect in the case of a [F10residential building] as if made and confirmed under Part II of this Act and in any other case as if made and confirmed under [F11Part IX of the Town and Country Planning Act 1990].

(7)No account shall be taken for the purposes of section 4 of the Compulsory Purchase Act 1965 (time limit for completing compulsory purchase) of any period during which an authority are prevented by this section from serving a notice to treat under section 5 of that Act.

[F12(8)In this section “residential building” has the same meaning as in section 289; and subsection (2A) of that section shall apply in determining whether a residential building containing one or more flats is unfit for human habitation for the purposes of subsection (4) as it applies for the purposes of that section.]

Textual Amendments

Marginal Citations

306 Building becoming listed when acquired by agreement for clearance.E+W

(1)Where section 291 (method of dealing with land acquired for clearance) applies to a building purchased by the local housing authority by agreement and the building becomes a listed building, the authority may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) [F13for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990] to the demolition of the building.

(2)Where such an application is made and is refused, or the period for making such an application expires without the authority making an application—

(a)the authority shall cease to be subject to the duty imposed by section 291 to demolish the building, and

(b)the building shall be treated in the case of a [F14residential building (within the meaning of section 289)] as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of [F15Part IX of the Town and Country Planning Act 1990] (planning purposes).

Textual Amendments