PART VADDITIONAL PLANNING CONTROL

Buildings of special architectural or historic interest

Issue of certificate that building is not intended to be listed43

1

Where—

a

application has been made for planning permission for any development involving the alteration, extension or demolition of a building; or

b

any such planning permission has been granted,

the issue by the Department, on the application of any person, of a certificate stating that it does not intend to list the building shall preclude the Department, for a period of five years from the date of issue of the certificate, from exercising in relation to that building any of the powers conferred on it by Article 42.

2

An application for the issue of a certificate under paragraph (1) shall be made to the Department in writing and Article 22 shall apply in relation to an application for the issue of a certificate under paragraph (1) as it applies in relation to an application for planning permission.

3

Before issuing any certificate under paragraph (1), the Department shall consult with the Historic Buildings Council and with the district council for the area in which the building is situated.