PART VN.I.ADDITIONAL PLANNING CONTROL

N.I.Buildings of special architectural or historic interest

[F1Temporary listing: building preservation noticesN.I.

42A.—(1) If it appears to the Department that a building which is not a listed building—

(a)is of special architectural or historic interest; and

(b)is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest,

it may serve on the owner and occupier of the building a notice (in this Order referred to as a “building preservation notice”).

(2) A building preservation notice served by the Department shall—

(a)state that the building appears to the Department to be of special architectural or historic interest and that it is considering including it in a list complied under Article 42; and

(b)explain the effect of paragraphs (3) to (5) and Article 42C.

(3) A building preservation notice—

(a)shall come into force as soon as it has been served on both the owner and occupier of the building to which it relates; and

(b)subject to paragraph (4), shall remain in force for 6 months from the date when it is served or, as the case may be, last served.

(4) A building preservation notice shall cease to be in force if the Department—

(a)includes the building in a list [F2compiled] under Article 42, or

(b)notifies the owner and the occupier of the building to which the notice relates in writing that it does not intend to do so.

(5) While a building preservation notice is in force with respect to a building, the provisions of this Order (other than Article 49) shall have effect in relation to the building as if it were a listed building.

(6) Following a notification by the Department under paragraph (4)(b) no further building preservation notice in respect of the building shall be served by the Department within the period of 12 months beginning with the date of the notification.]