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The Planning (Northern Ireland) Order 1991
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Changes over time for: Section 42C
Version Superseded: 01/04/2015
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- 01/01/2006- Amendment
- 01/04/2010
Point in time - 01/04/2015- Amendment
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Lapse of building preservation noticesN.I.
F142C.—(1) This Article applies where a building preservation notice ceases to be in force by virtue of—
(a)the expiry of the 6 month period mentioned in paragraph (3)(b) of Article 42A; or
(b)the service of a notification by the Department under paragraph (4)(b) of that Article.
(2) The fact that the notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under Article 44 or 72 (as applied by Article 77(6)) committed with respect to the building while it was in force.
(3) Any proceedings on or arising out of an application for listed building consent with respect to the building made while the notice was in force and any such consent granted while it was in force shall lapse.
(4) Any listed building enforcement notice served by the Department while the building preservation notice was in force shall cease to have effect.
(5) Any proceedings relating to a listed building enforcement notice served by the Department while the building preservation notice was in force under Articles 77 and 78 shall lapse.
(6) Notwithstanding paragraph (4), Article 74(1) and (2) (as applied by Article 77(6)) shall continue to have effect as respects any expenses incurred by the Department, owner or occupier as mentioned in that Article and with respect to any sums paid on account of such expenses.
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