Planning (Listed Buildings and Conservation Areas) Act 1990

[F1 44C Temporary stop notices [F2 in Wales]: offence E+W

(1) A person is guilty of an offence if the person contravenes, or causes or permits a contravention of, a temporary stop notice—

(a) which has been served on the person [F3 under section 44B(4)]; or

(b) a copy of which has been displayed in accordance with section 44B(5).

(2) An offence under this section may be charged by reference to a day or to some longer period; accordingly, a person may, in relation to the same temporary stop notice, be convicted of more than one offence under this section by reference to different periods.

(3) In proceedings against a person for an offence under this section, it is a defence for the person to show that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.

(4) In proceedings against a person for an offence under this section, it is also a defence for the person to show—

(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 the works was given to the local planning authority as soon as reasonably practicable.

(5) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

(6) In determining the amount of a fine to be imposed on a person convicted under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.]

Textual Amendments

F1 Ss. 44B-44D inserted (21.5.2016) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 29(1), 41(2)

F2 Words in s. 44C heading inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(5)(a), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)

F3 Words in s. 44C(1)(a) inserted (25.4.2024) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 103(5)(b), 255(3)(b) (with s. 247); S.I. 2024/452, reg. 3(a)