The Planning (Amendment) (Northern Ireland) Order 2003

Listed buildings N.I.

14.—(1) In Article 44 of the principal Order (control of works for demolition, alteration or extension of listed buildings) for paragraph (6) there is substituted—

“(6) A person guilty of an offence under paragraph (1) or (5) shall be liable—

(a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding £30,000, or both,

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine, or both;

and in determining the amount of any fine imposed on a person convicted of an offence under paragraph (1) or (5) the court shall have particular regard to any financial benefit which has accrued or is likely to accrue to him in consequence of the offence.” .

(2) In Article 77 of that Order for paragraph (4) there is substituted—

“(4) A listed building enforcement notice—

(a) shall specify the date on which it is to take effect and, subject to Article 78, shall take effect on that date; and

(b) shall specify the period within which any steps are required to be taken and may specify different periods for different steps,

and where different periods apply to different steps, references in this Part to the period for compliance with a listed building enforcement notice, in relation to any steps, are to the period within which the step is required to be taken.” .

(3) In Article 78 of that Order—

(a) for paragraph (1)(a) and (b) there is substituted—

“(a) that the matters alleged to constitute a contravention of Article 44 have not occurred;

(b) that those matters (if they occurred) do not constitute such a contravention;” ;

(b) in paragraph (2)(a) the words “ in writing ” are omitted.