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If unauthorised works are carried out to a listed building, a local planning authority can:

 

Prosecute

Issue a Listed Buildings Enforcement Notice

Make application for an Injunction

 

 

Prosecute: 

 

It is a criminal offence to demolish or carry out works that affect the listed building's character as a building of special architectural or historic interest:

 

Without listed building consent or

Except in accordance with a listed building consent.

 

Liability attaches to either or both:

 

The person who actually carried out the work in question or

The person who allowed the work to be carried out.

 

A local planning authority, English Heritage or an individual can commence prosecution proceedings.

 

 

Listed Buildings Enforcement Notice:

 

A local planning authority can issue a listed building enforcement notice if works are undertaken to a listed building without listed building consent. The listed building enforcement notice can require remediation of unauthorised works to a listed building to bring the building back to its former state or where this is not practical or desirable to mitigate the unauthorised works.

 

 

Injunctions:

 

If a local planning authority considers it necessary and expedient, it may apply to the county court or High Court for an injunction to restrain "an actual or apprehended" breach. See Injunctions.

 

 

 

 

 

 

 

 

 

Heritage enforcement

Investigate the breach and where we consider it appropriate to take action, draft the report for authorisation.

 

If a prosecution is appropriate, we issue the proceedings, employ an expert witness and brief counsel.

 

If a Listed Buildings Enforcement Notice is appropriate, we advise and draft the notice.

 

If an Injunction is appropriate, we make the application on behalf of the Council, employ an expert witness and brief counsel.

 

How we help local authorities:

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