The IHBC’s latest Toolbox Guidance Note, drafted in consultation with the Institute’s Legal Panel, provides advice on the application of S9 (3) of the Planning (Listed Buildings and Conservation Areas) Act 1990, and has been prepared in response to questions from members about the status of emergency works undertaken to listed buildings.
… useful clarification on the status of emergency works undertaken to a listed building…
IHBC Legal Panel convenor and guidance note author – and IHBC Vice Chair – Lone Le Vay said: ‘This guidance note should provide useful clarification on the status of emergency works undertaken to a listed building, without a prior Listed Building Consent, pursuant to S.9(3) of the Planning (Listed Buildings and Conservation Areas) Act 1990 as amended.’
‘Particularly, this note clarifies that there is an important distinction to be made between a defence to a prosecution and authorisation of the works. Section 9(3) only provides a defence to a prosecution under s.9(1) of the act. It does not provide retrospective authorisation for the works.’
‘The guidance note also provides advice on actions local authorities can take in terms of subsequent enforcement action where measures to obtain authorisation have not been forthcoming and also preventative measures through us of statutory powers in relation to requiring repairs and urgent works.’
The new advice can be found HERE in the IHBC Toolbox
See more on the IHBC’s Legal Panel
