Genre: Legal

Legislation relating to Buildings of Special Architectural or Historic Interest ( Listed Buildings ) These are the sections specifically relevant to Historic ( Listed ) Buildings . Full copies of the Order are available from HMSO Bookshops and through good booksellers . S.I. 1991 No. 1220 ( N.I. 11 ) The Planning ( Northern Ireland ) Order 1991 PART V Buildings of Special Architectural or Historic Interest Paragraphs 42 to 52 PART VI Enforcement Notices - Listed Buildings Paragraphs 77 to 80 PART X Further provisions as to Historic Buildings Paragraphs 105 to 109 SCHEDULES SCHEDULE 1 Listed Building Consent - Applications and Appeals SCHEDULE 3 The Historic Buildings Council PART V ADDITIONAL PLANNING CONTROL Buildings of special architectural or historic interest Lists of buildings of special architectural or historic interest Lists of buildings of special architectural or historic interest 42 . ( 1 ) The Department ( a ) . shall compile lists of buildings of special architectural or historic interest ; and ( b ) . may amend any list so compiled . ( 2 ) In considering whether to include a building in a list compiled under this Article the Department may take into account not only the building itself but also ( a ) . any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part ; and ( b ) . the desirability of preserving , on the ground of its architectural or historic interest , any feature of the building which consists of a man-made object or structure fixed to the building or which forms a part of the land and which is comprised within the curtilage of the building . ( 3 ) Before compiling or amending any list under this Article , the Department shall consult with the Historic Buildings Council and with the appropriate district council . ( 4 ) As soon as may be after any list has been compiled under this Article , or any amendments of such a list have been made , the Department shall cause a copy of so much of the list , or so much of the amendments , as relates to the area of a district council to be deposited with the clerk of that council . ( 5 ) As soon as may be after the inclusion of any building in a list under this Article , whether on the compilation of the list or by its amendment , or as soon as may be after any such list has been amended by the exclusion of any building from it , the Department shall serve a notice in the prescribed form on every owner and occupier of the building , stating that the building has been included in , or excluded from , the list , as the case may be . ( 6 ) The Department shall keep available for inspection by the public at all reasonable hours copies of lists and amendments of lists compiled or made under this Article . ( 7 ) In this Order " listed building " means a building which is for the time being included in a list compiled under this Article ; and , for the purposes of the provisions of the Order relating to listed buildings , the following shall be treated as part of the building ( a ) . any object or structure within the curtilage of the building and fixed to the building ; ( b ) . any object or structure within the curtilage of the building which , although not fixed to the building , forms part of the land and has done so since before 1st October 1973 . Issue of a certificate that building is not intended to be listed 43 . ( 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 . Control of works for demolition , alteration or extension of listed buildings 44 . ( 1 ) Subject to this Part , if a person executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest , and the works are not authorised under paragraph ( 2 ) , he shall be guilty of an offence . ( 2 ) Works for the demolition , alteration or extension of a listed building are authorised under this Part if ( a ) . written consent for the execution of the works has been granted by the Department and the works are carried out in accordance with the terms of the consent and any conditions which may be attached to the consent ; and ( b ) . in the case of demolition ( i ) a person duly authorised in writing by the Department has been afforded reasonable access to the building for a period of at least one month following the grant of listed building consent and before the commencement of the works , for the purpose of recording it ; or ( ii ) the Department has stated in writing that it has completed its recording of the building or that it does not wish to record it . ( 3 ) If written consent is granted by the Department for the retention of works for the demolition of a listed building , or for its alteration or extension , which have been executed without consent under paragraph ( 2 ) , the works are authorised under this Part from the grant of the consent under this paragraph . ( 4 ) Consent under paragraph ( 2 ) or ( 3 ) is referred to in this Order as " listed building consent " . ( 5 ) Without prejudice to paragraph ( 1 ) , if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent he shall be guilty of an offence . ( 6 ) A person guilty of an offence under paragraph ( 1 ) or ( 5 ) shall be liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine and in determining the amount of any fine imposed on a person convicted on indictment 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 . ( 7 ) In proceedings for an offence under this Article it shall be a defence to prove the following matters ( a ) . that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building ; ( b ) . that it was not practicable to secure safety or health or , as the case may be , the preservation of the building by works of repair or works for affording temporary support or shelter ; ( c ) . that the works carried out were limited to the minimum measures immediately necessary ; and ( d ) . that notice in writing justifying in detail the carrying out of the works was given to the Department as soon as reasonably practicable . ( 8 ) This Article shall not apply to works for the demolition , alteration or extension of ( a ) . an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works ; or ( b ) . a building which is the subject of a guardianship or protection order under the Historic Monuments Act ( Northern Ireland ) 1971 ; or ( c ) . a building for the time being included in a schedule of historic monuments published by the Department under that Act ; and for the purposes of this paragraph , a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building . ( 9 ) Paragraph ( 8 ) shall cease to have effect on such date as the Department may by order appoint . Provisions supplementary to Article 44 45 . ( 1 ) In considering whether to grant planning permission for development which affects a listed building or its setting , and in considering whether to grant listed building consent for any works , the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses . ( 2 ) Listed building consent may be refused , or granted either unconditionally or subject to conditions . ( 3 ) Without prejudice to the generality of paragraph ( 2 ) , the conditions subject to which listed building consent may be granted include conditions with respect to ( a ) . the preservation of particular features of the building either as part of it or after severance therefrom ; ( b ) . the making good , after the works are completed , of any damage caused to the building by the works ; and ( c ) . the reconstruction of the building or any part of it following the execution of any works , with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions . ( 4 ) Listed building consent may be granted subject to a condition reserving specified details of the works ( whether or not set out in the application ) for subsequent approval by the Department . ( 5 ) Listed building consent for the demolition of a listed building may be granted subject to a condition that the building shall not be demolished before a contract for the carrying out of works of redevelopment of the site has been made , and planning permission has been granted for the redevelopment for which the contract provides . ( 6 ) Schedule 1 shall have effect in relation to applications for listed building consent and appeals against decisions on such applications . Duration of listed building consent 46 . ( 1 ) Subject to the provisions of this Article , every listed building consent shall be granted subject to the condition that the works to which it relates must be begun not later than the expiration of ( a ) . five years beginning with the date on which the consent is granted ; or ( b ) . such other period ( whether longer or shorter ) beginning with the said date as the Department may direct , being a period which the Department considers appropriate having regard to any material considerations . ( 2 ) If listed building consent is granted without the condition required by paragraph ( 1 ) , it shall be deemed to have been granted subject to the condition that the works to which it relates must be begun not later than the expiration of five years beginning with the date of the grant . ( 3 ) Nothing in this Article applies to any consent to the retention of works granted under Article 44 ( 3 ) . Revocation or modification of listed building consent 47 . ( 1 ) If it appears to the Department , having regard to the development plan and to any other material considerations , that it is expedient to revoke or modify listed building consent in respect of any works to a building , being consent granted on an application made under this Part , the Department may , subject to paragraphs ( 2 ) to ( 4 ) , by order revoke or modify the consent to such extent as ( having regard to those matters ) it considers expedient . ( 2 ) Before making an order under this Article the Department shall serve notice on the owner and occupier of the building affected and on any other person who in its opinion would be affected by the order ; and if within such period as may be specified in that behalf n the notice ( not being less than 28 days from the date of service thereof ) any person on whom notice is served so requests in writing , the Department shall afford to him an opportunity of appearing before and being heard by the planning appeals commission . ( 3 ) The power conferred by this Article to revoke or modify listed building consent in respect of any works may be exercised at any time before those works have been completed , but the revocation or modification shall not affect so much of those works as has been previously carried out . ( 4 ) Where the Department makes an order under this Article it shall serve a notice on any person mentioned in paragraph ( 2 ) stating the general effect of the order . Applications to determine whether listed building consent required 48 . ( 1 ) If any person who proposes to execute or cause to be executed any works to a listed building wishes to have it determined whether those works would involve the alteration or extension of the building in any manner which would affect its character as a building of special architectural or historic interest , he may apply to the Department to determine that question . ( 2 ) The provisions of paragraphs 1 ( 1 ) , 7 and 8 of Schedule 1 shall , subject to any necessary modifications , apply in relation to any application under this Article , and to the determination thereof , as they apply in relation to applications for listed building consent and to the determination of such applications . ( 3 ) Where an application for listed building consent is made to the Department and it appears to the Department that the execution of the works specified in the application does not involve the alteration or extension of a listed building in any manner which would affect its character as a building of special architectural or historic interest , the Department may treat the application for listed building consent as an application under this Article and may make an appropriate determination . Acts causing or likely to result in damage to listed buildings 49 . ( 1 ) Where a building , not being a building excluded by paragraph ( 8 ) of Article 44 from the operation of that Article , is included in a list compiled under Article 42 , then , if any person who , but for this Article , would be entitled to do so ( a ) . does or permits the doing of any act which causes or is likely to result in damage to the building ( other than an act for the execution of excepted works ) ; and ( b ) . does or permits the act with the intention of causing such damage ; he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale . ( 2 ) In paragraph ( 1 ) " excepted works " means ( a ) . works authorised by planning permission granted in pursuance of an application under this Order ; or ( b ) . works for which listed building consent has been given under this Order . ( 3 ) Where a person convicted under this Article fails to take such reasonable steps as may be necessary to prevent any damage or further damage resulting from the offence , he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding one-tenth of level 3 on the standard scale for each day on which the failure continues . Areas of special architectural or historic interest Conservation areas 50 . ( 1 ) The Department may designate areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance . ( 2 ) The Department may vary or cancel a designation under paragraph ( 1 ) . ( 3 ) Before making , varying or cancelling a designation under this Article , the Department shall consult with the Historic Buildings Council and with any appropriate district council . ( 4 ) The Department shall publish notice of the designation of any conservation area and of any variation or cancellation of any such designation , with sufficient particulars to identify the area affected , in at least one newspaper circulating in the locality of the area . ( 5 ) Where any area is for the time being designated as a conservation area , special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise , with respect to any buildings or other land in that area , of any powers under this Order . ( 6 ) In this Order " conservation area " means an area designated under paragraph ( 1 ) . Control of demolition in conservation areas 51 . ( 1 ) This Article applies to all buildings in conservation areas other than a . listed buildings ; b . buildings of a class specified in Article 44 ( 8 ) ; c . buildings in relation to which a direction under paragraph ( 3 ) is for the time being in force . ( 2 ) A building to which this Article applies shall not be demolished without the consent of the Department . ( 3 ) The Department may ( a ) . direct that this Article shall not apply to a description of buildings specified in the direction ; and ( b ) . vary or revoke that direction by a further direction . ( 4 ) Where the Department gives a direction under paragraph ( 3 ) , it shall publish a copy of the direction in the Belfast Gazette and in a newspaper circulating in the area in which the buildings are situated . ( 5 ) The following provisions , namely ( a ) . Articles 44 to 48 , 77 to 79 , 94 and 113 ( 1 ) ( b ) and ( 4 ) ; and ( b ) . Article 65 of the Planning ( Northern Ireland ) Order 1972 , shall have effect in relation to buildings to which this Article applies as they have effect in relation to listed buildings , subject to such exceptions and modifications as may be prescribed . ( 6 ) If this Article ceases to apply to a building ( a ) . any proceedings on or arising out of an application for listed building consent made while this Article applied to the building shall lapse ; ( b ) . any listed building consent granted in respect to the building shall also lapse ; ( c ) . the cesser shall not affect the liability of any person to be prosecuted and punished for an offence under Article 44 or 77 committed by him with respect to the building while this Article applied to it . Grants in relation to conservation areas 52 . ( 1 ) The Department may , in relation to any conservation area , make grants or loans for the purpose of defraying in whole or in part any expenditure incurred or to be incurred in or in connection with , or with a view to the promotion of , the preservation or enhancement of the character or appearance of the area or any part thereof . ( 2 ) A grant or loan under this Article may be made subject to such conditions as the Department thinks fit . ( 3 ) Any loan under this Article shall be made on such terms as to repayment , payment of interest and otherwise as the Department may with the approval of the Department of Finance and Personnel determine ; and all sums received by the Department by way of interest on , or repayment of , such a loan shall be paid into the Consolidated Fund . PART VI ENFORCEMENT NOTICES-LISTED BUILDINGS Listed buildings Listed building enforcement notices 77 . ( 1 ) Where it appears to the Department that any works have been or are being executed to a listed building and are such as to involve a contravention of Article 44 ( 1 ) or ( 5 ) , then , subject to paragraph ( 3 ) , the Department may , if it considers it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest , issue a notice ( a ) . specifying the alleged contravention ; and ( b ) . requiring such steps as may be specified in the notice to be taken within such period as may be so specified i . for restoring the building to its former state ; or ii . where the Department considers that such restoration would not be reasonably practicable , or would be undesirable , for executing such further works specified in the notice as it considers necessary to alleviate the effect of the works which were carried out without listed building consent ; or iii . for bringing the building to the state in which it would have been if the terms and conditions of any listed building consent which has been granted for the works had been compiled with . ( 2 ) A notice under this Article is referred to in this Order as a " listed building enforcement notice " . ( 3 ) A listed building enforcement notice shall not be served in relation to a contravention of Article 44 ( 1 ) or ( 5 ) which occurred before 9th December 1978 . ( 4 ) Subject to Article 78 , a listed building enforcement notice shall take effect on a date specified in it . ( 5 ) Where a listed building enforcement notice imposes any such requirement as is mentioned in paragraph ( 1 ) ( b ) ( ii ) , listed building consent shall be deemed to be granted for any works of demolition , alteration or extension of the building executed as a result of compliance with the notice . ( 6 ) Articles 68 ( 5 ) , ( 12 ) , ( 14 ) and ( 15 ) and 72 and 74 shall , with any necessary modifications , apply to a listed building enforcement notice as they apply to an enforcement notice . Appeal against listed building enforcement notice 78 . ( 1 ) A person having an estate in the building to which a listed building enforcement notice relates or a person to whom paragraph ( 2 ) applies may , at any time before the date specified in the notice as the date on which it is to take effect , appeal to the planning appeals commission against the notice on any of the following grounds ( a ) that the matters alleged to constitute a contravention of Article 44 do not involve such a contravention ; ( b ) that the contravention of that Article alleged in the notice has not taken place ; ( c ) that the contravention of that Article alleged in the notice occurred before 9th December 1978 ; ( d ) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building , that it was not practicable to secure safety or health or , as the case may be , the preservation of the building by works of repair or works for affording temporary support or shelter , and that the works carried out were limited to the minimum measures immediately necessary ; ( e ) that listed building consent ought to be granted for the works , or that any relevant condition of such consent which has been granted ought to be discharged or different conditions substituted ; ( f ) that copies of the notice were not served as required by Article 68 ( 5 ) as applied by Article 77 ( 6 ) ; ( g ) that the period specified in the notice as the period within which any step required thereby is to be taken falls short of what should reasonably be allowed ; ( h ) except in relation to such a requirement as is mentioned in Article 77 ( 1 ) ( b ) ( ii ) or ( iii ) , the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out ; ( i ) that the steps required by the notice for the purpose of restoring the character of the building to its former state would not serve that purpose ; ( j ) that steps required to be taken by virtue of Article 77 ( 1 ) ( b ) ( ii ) exceed what is necessary to alleviate the effect of the works executed to the building ; ( k ) that steps required to be taken by virtue of Article 77 ( a ) ( b ) ( iii ) exceed what is necessary to bring the building to the state in which it would have been if the terms and conditions of the listed building consent had been complied with . ( 2 ) This paragraph applies to a person who on the date on which the listed building enforcement notice is issued occupies the building to which it relates by virtue of a licence in writing ; and continues to occupy the building as aforesaid when the appeal is brought . ( 3 ) Paragraphs ( 4 ) to ( 8 ) of Article 69 to 70 shall , with any necessary modifications , apply to an appeal under this Article against a listed building enforcement notice as they apply to an appeal under Article 69 against an enforcement notice . ( 4 ) On the determination of an appeal under this Article , the planning appeals commission may ( a ) grant listed building consent for the works to which the listed building enforcement notice relates or for part only of those works ; ( b ) discharge any condition or limitation subject to which listed building consent was granted and substitute any other condition , whether more or less onerous . ( 5 ) Any listed building consent granted by the planning appeals commission under paragraph ( 4 ) shall , subject to paragraph ( 6 ) , have the like effect as a listed building consent granted under Part V. ( 6 ) The decision of the commission in relation to the grant of listed building consent under paragraph ( 4 ) shall be final . ( 7 ) The validity of a listed building enforcement notice shall not , except by way of an appeal under this Article , be questioned n any proceedings whatsoever on any of the grounds on which such an appeal may be brought . Effect of listed building consent on listed buildings enforcement notice . 79 . ( 1 ) If , after the issue of a listed building enforcement notice , consent is granted under Article 44 ( 3 ) for the retention of any work to which the listed building enforcement notice relates , the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken which would involve the works not being retained in accordance with the consent . ( 2 ) If the consent is granted so as to permit the retention of works without complying with some condition subject to which a previous listed building consent was granted , the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken for complying with that condition . ( 3 ) The preceding provisions of this Article shall be without prejudice to the liability of any person for an offence n respect of a failure to comply with the listed building enforcement notice before the relevant provisions of that notice ceased to have effect . Urgent works to preserve building 80 . ( 1 ) Where it appears to the Department that works are urgently necessary for the preservation of ( a ) . a listed building , or ( b ) . a building in respect of which a direction has been given by the Department that this Article shall apply , the Department may , subject to the following provisions of this Article , execute the works , which may consist of or include works for affording temporary support or shelter for the building . ( 2 ) The ground on which the Department may give a direction that this Article shall apply to a building is that the building is in a conservation area and it appears to the Department that its preservation is important for maintaining the character or appearance of the conservation area . ( 3 ) If the building is occupied works may be carried out only to those parts which are not in use . ( 4 ) The owner of the building shall be given not less than seven days' notice in writing of the intention to carry out the works and the notice shall describe the works proposed to be carried out . ( 5 ) Paragraphs ( 6 ) to ( 10 ) have effect for enabling the expenses of works executed under this Article to be recovered by the Department . ( 6 ) The Department may give notice to the owner of the building requiring him to pay the expenses of the works . ( 7 ) Where the works consist of or include works for affording temporary support or shelter for the building a . the expenses which may be recovered include any continuing expenses involved in making available the apparatus or materials used ; and b . notices under paragraph ( 6 ) in respect of any such continuing expenses may be given from time to time . ( 8 ) The owner may within 28 days of the service of the notice appeal to the planning appeals commission against the notice on any of the following grounds a . that some or all of the works were unnecessary for the preservation of the building ; b . in the case of works for affording temporary support or shelter , that the temporary arrangements have continued for an unreasonable length of time ; c . that the amount specified in the notice is unreasonable or that the recovery of it would cause him hardship . ( 9 ) The planning appeals commission shall give notice of its determination , the reasons for it and the amount recoverable to the owner of the building and to the Department and the determination of the appeals commission shall be final . ( 10 ) Any expenses recoverable by the Department under this Article shall be a civil debt recoverable summarily . PART X FURTHER PROVISIONS AS TO HISTORIC BUILDINGS Historic Buildings Council 105 . ( 1 ) There shall continue to be a Council called " the Historic Buildings Council " ( in this Order referred to as " the Council " ) . ( 2 ) The functions of the Council shall be a . to keep under review , and from time to time report to the Department on , the general state of preservation of listed buildings ; b . to advise the Department on such matters relating to the preservation of buildings of special architectural or historic interest as the Department may refer to it ; c . such other functions as are conferred on it by any statutory provision . ( 3 ) Schedule 3 shall have effect with respect to the Council . Grants and loans for preservation or acquisition of listed buildings 106 . ( 1 ) The Department may make grants or loans towards the whole or part of any expenditure incurred or to be incurred in the repair or maintenance of a listed building or in the upkeep of any land comprising , or contiguous or adjacent to , any such building , or in the repair or maintenance of any objects ordinarily kept in the building . ( 2 ) The Department may , on such terms and conditions as the Department , with the approval of the Department of Finance and Personnel , thinks fit , make grants or loans to the National Trust for Places of Historic Interest or Natural Beauty towards the cost of acquiring a . any listed building ; b . any land comprising , or contiguous or adjacent to , any such building ; c . any objects ordinarily kept in any such building . ( 3 ) Grants under paragraph ( 1 ) to the National Trust for Places of Historic Interest or Natural Beauty may , if the Department thinks fit , be made by way of endowment . ( 4 ) The Department may attach to any grant or loan under paragraph ( 1 ) such conditions as it thinks fit for securing public access to the whole or part of the property to which the grant or loan relates . ( 5 ) Any loan under paragraph ( 1 ) shall be made on such terms as to repayment , payment of interest and otherwise as the Department may , with the approval of the Department of Finance and Personnel , determine . Acquisition of listed buildings by agreement 107 . ( 1 ) The Department may acquire by agreement , whether by purchase , lease or otherwise , or may accept the gift of a . any listed building ; b . any land comprising , or contiguous or adjacent to , any such building . ( 2 ) The Department may purchase by agreement , or accept a gift of , any objects which are or have been ordinarily kept in a listed building which , or any estate in which , is vested in the Department , or in a listed building which is under its control or management . ( 3 ) The Department may make such arrangements as it thinks fit for the management , custody and use of any property acquired or accepted by it under this Article . ( 4 ) Where the Department is of the opinion that any property acquired by it under this Article would be more expediently or efficiently managed or preserved by a . the National Trust for Places of Historic Interest or Natural Beauty ; b . or any government department ; or c . a district council ; or d . such other body as the Department thinks suitable ; the Department may , with the approval of the Department of Finance and Personnel , convey either for value or otherwise and upon such terms and conditions as the Department may think fit , that property to that Trust , government department , district council or other body , and may3 ⁄ 4 i . impose such restrictions as the Department may think necessary on the user of the land so conveyed ; and ii . grant or reserve such rights over such land as the Department thinks fit . Acceptance by Department of endowments in respect of listed buildings 108 . ( 1 ) Where any instrument coming into operation after 1st November 1972 contains a provision purporting to be a gift of property to the Department upon trust to use the income thereof ( either for a limited time or in perpetuity ) for or towards the upkeep of a listed building or other property acquired or accepted by the Department under Article 107 or a building which the Department proposes so to acquire or accept , the Department may accept the gift , and if it does so , and the provision does not constitute a charitable trust , paragraphs ( 2 ) to ( 7 ) shall have effect . ( 2 ) The validity of the gift and of the trust to use the income as aforesaid ( in this Article referred to as " the endowment trust ) shall be deemed not to be , or ever to have been , affected by any rule of law or equity which would not have affected their validity if the trust had been charitable . ( 3 ) In relation to the property ( of whatsoever nature ) comprised in the gift and any property for the time being representing that property ( in this Article collectively referred to as " the trust fund " ) the Department shall during the continuance of the endowment trust have the like powers of management , disposition and investment as in the case of settled land are conferred by law on the tenant for life and the trustees of the settlement in relation to the land and the proceeds of its sale , respectively . ( 4 ) Paragraph ( 3 ) does not prejudice any additional or larger powers conferred on the Department by the trust instrument . ( 5 ) If while the endowment trust continues an event happens such that immediately thereafter the Department is neither entitled to any estate in the building to which the trust relates nor has the building under its control or management , and apart from this paragraph the endowment trust would not then be determined or be deemed to have failed , then on the happening of that event the endowment trust shall cease by virtue of this paragraph and the trust fund shall devolve accordingly as on a failure of the trust . ( 6 ) If the trust instrument contains a provision whereby , on the failure or determination of the endowment trust , the trust fund purports to be given , or to be directed to be held , on charitable trusts , the validity of that gift or direction shall be deemed not to be , or ever to have been , affected by any rule of law or equity relating to perpetuities . ( 7 ) In this Article " gift " includes devise , bequest , appointment , conveyance , assignment , transfer and any other assurance of property , and " property " means real or personal property of any description . Compulsory acquisition of listed buildings 109 . ( 1 ) If it appears to the Department that , in the case of a listed building to which this paragraph applies , reasonable steps are not being taken for properly preserving it , the Department may , if it considers it expedient in order to preserve the building , compulsorily acquire the building and any land comprising or contiguous or adjacent to it which appears to the Department to be required for preserving the building or its amenities , or for affording access to it , or for its proper control or management . ( 2 ) Paragraph ( 1 ) applies to any listed building , except a . a building which is the subject of a guardianship or protection order under the Historic Monuments Act ( Northern Ireland ) 1971 ; or b . a building for the time being included in a schedule of historic monuments published by the Department under that Act . ( 3 ) Where the Department desires to acquire , otherwise than by agreement , any land under paragraph ( 1 ) , the Department may make an order vesting that land in the Department ; and Articles 87 to 93 shall , with any necessary modifications , apply in relation to such acquisitions accordingly . ( 4 ) The Department shall not commence proceedings for the compulsory acquisition of a building under this Article unless at least two months previously it has served on the owner of the building , and not withdrawn , a notice ( in this Article referred to as a " repairs notice " ) specifying the works which the Department considers reasonably necessary for the proper preservation of the building ; and explaining the effect of this Article . ( 5 ) Where the Department has served a repairs notice , the demolition of the building thereafter shall not prevent the Department from being authorised under this Article to acquire compulsorily the site of the building , if the Department is satisfied that it would have made a vesting order in respect of the building had it not been demolished . ( 6 ) The Department may at any time withdraw a repairs notice served by it ; and if it does so , it shall forthwith give notice of the withdrawal to the person who was served with the repairs notice . SCHEDULES SCHEDULE 1 LISTED BUILDING CONSENT - APPLICATIONS AND APPEALS Form and content of applications 1 . ( 1 ) Any application to the Department for listed building consent a . shall be made in such manner as may be prescribed ; and b . shall include such particulars , and be verified by such evidence , as may be required by the regulations or by any directions given by the Department thereunder . ( 2 ) Provision shall be made by regulations for regulating the manner in which applications for listed building consent are to be dealt with by the Department and in particular a . for requiring the Department before granting or refusing listed building consent to consult with the district council for the area in which the building is situated and with such authorities or persons as may be prescribed ; b . for requiring the Department to give to any applicant for listed building consent within such time as may be prescribed such notice as may be prescribed as to the manner in which his application has been dealt with . c . Sub-paragraphs ( 1 ) and ( 2 ) ( b ) shall apply to applications to the Department for any approval of the Department required by a condition imposed on a grant of listed building consent as they apply to applications for listed building consent . Publication of notices of applications 2 . Where an application for listed building consent is made to the Department , it a . shall publish notice of the application in at least one newspaper circulating in the locality in which the building to which the application relates is situated ; and b . shall not determine the application before the expiration of 14 days from the date on which notice of the application is first published in a newspaper in pursuance of sub-paragraph ( a ) . Notification of applications to certain persons 3 . ( 1 ) Article 22 , shall , with appropriate modifications , apply to applications for listed building consent in relation to any building as it applies to applications for planning permission in relation to any land . ( 2 ) In the application of Article 22 ( 7 ) by virtue of sub-paragraph ( 1 ) for the words " specified in a development order " and " form so specified " there shall be substituted the words " prescribed " and " prescribed form " . ( 3 ) References in the following provisions of this Schedule to Article 22 are to that Article as it applies by virtue of this paragraph . Determination of application ( 4 ) ( 1 ) In determining any application for listed building consent , the Department shall take into account any representations relating to that application which are received by it before the expiration of the period of 14 days from the date on which notice of the application is first published in a newspaper . ( 2 ) Where an application for listed building consent is accompanied by such a certificate as is mentioned in Article 22 ( 1 ) ( c ) or ( d ) , the Department a . in determining the application , shall take into account any representations relating thereto which are made to it by any person who satisfies it that , in relation to the building to which the application relates , he is such a person as is described in Article 22 ( 1 ) ( c ) ; and b . shall give notice of its decision on the application to every person who made representations which it was required to take into account under head ( a ) . Consent to execute works without compliance with conditions previously attached 5 . ( 1 ) This paragraph applies to applications for listed building consent for the execution of works to a building without complying with conditions subject to which a previous listed building consent was granted . ( 2 ) Regulations may make special provision with respect to a . the form and content of such applications ; and b . the procedure to be followed in connection with such applications . ( 3 ) On such an application the Department shall consider only the question of the conditions subject to which listed building consent should be granted , and a . if it decides that listed building consent should be granted subject to conditions differing from those subject to which the previous consent was granted , or that it should be granted unconditionally , the Department shall grant listed building consent accordingly ; and b . if it decides that listed building consent should be granted subject to the same conditions as those subject to which the previous consent was granted , the Department shall refuse the application . ( 4 ) This paragraph does not apply where the application is made after the previous listed building consent has become time-expired , that is to say , the previous consent having been granted subject to a condition as to the time within which the works to which it related were to be begun , that time has expired without the works having been begun . Effect of listed building consent 6 . Without prejudice to Articles 46 and 47 , any grant of listed building consent shall ( except in so far as the consent otherwise provides ) enure for the benefit of the building and of all persons for the time being having an estate therein . Appeals 7 . ( 1 ) Where an application is made to the Department a . for listed building consent ; or b . for any approval of the Department required by a condition imposed on a grant of listed building consent , then if that consent of approval is refused or is granted subject to conditions , the applicant may by notice in writing under this paragraph appeal to the planning appeals commission . ( 2 ) Any notice under this paragraph shall be served on the planning appeals commission within six months from the date of notification of the decision to which it relates or such longer period as the commission may allow . ( 3 ) Where an appeal is brought under this paragraph from a decision of the Department , the planning appeals commission , subject to sub-paragraphs ( 4 ) and ( 5 ) , may allow or dismiss the appeal or may reverse or vary any part of the decision whether the appeal relates to that part thereof or not and may deal with the application as if it had been made to it in the first instance . ( 4 ) Before determining an appeal under this Article , the planning appeals commission shall if either the applicant or the Department so desires , afford to each of them an opportunity of appearing before and being heard by the commission . ( 5 ) Subject to sub-paragraph ( 4 ) , paragraphs 2 to 5 shall apply , with any necessary modifications , in relation to an appeal to the planning appeals commission under this paragraph as they apply to an application for listed building consent . Appeal in default of planning decision 8 . Where any such application as is mentioned in paragraph 7 ( 1 ) is made to the Department , then unless within such period as may be prescribed , or within such extended period as may be agreed upon in writing between the applicant and the Department , the Department gives notice to the applicant of its decision on the application , paragraph 7 shall apply in relation to the application3 ⁄ 4 a . as if the consent or approval to which it relates had been refused by the Department ; and b . as if notification of the Department's decision had been received by the applicant at the end of the said prescribed period , or at the end of the said extended period , as the case may be . SCHEDULE 3 THE HISTORIC BUILDINGS COUNCIL 1 . The Council shall consist of a Chairman appointed by the Head of the Department and such member of other members so appointed as the Head of the Department may determine . 2 . A member of the Council shall hold office for a maximum period of three years but shall be eligible for re-appointment . 3 . The Department may pay to the Chairman and members of the Council allowances for travelling and other out-of-pocket expenses incurred in connection with the business of the Council at such rates as the Department , with the approval of the Department of Finance and Personnel , may determine . 4 . ( 1 ) The Council shall , subject to sub-paragraph ( 4 ) , appoint such committees as the Department may determine . ( 2 ) A committee appointed under this paragraph may include persons who are not members of the Council . ( 3 ) Every member of a committee appointed under this paragraph , who , at the time of his appointment , was a member of the Council shall , if he ceases to be a member of the Council , also cease to be a member of the committee . ( 4 ) The Department may , by regulations or direction , make provision with respect to the appointment , constitution or functions of committees appointed under this paragraph . 5 . The Council may regulate its own quorum and procedure and that of its committees which shall be subject to the approval of the Department . 6 . The Council shall , at such times and in respect of such periods as the Department may direct , prepare and submit to the Department a report on its activities and the Department shall lay a copy of every such report before the Assembly . 7 . The secretary to the Council shall be such person as the Department may appoint .