Section 3 Temporary listing ...: building preservation notices.F8C3C1

F1If it appears to a local planning authority, other than a county planning authority, that a building in their area which is not a listed building—

they may serve on the owner and occupier of the building a notice (in this Act referred to as a “building preservation notice”).

Before serving a building preservation notice under this section, the local planning authority must consult with the Commission.

Subsection (1A) does not apply where the Commission proposes to serve a building preservation notice under this section (see subsection (8)).

A building preservation notice served by a local planning authority F3... shall—

A building preservation notice F4... —

A building preservation notice F5... shall cease to be in force if the Secretary of State—

While a building preservation notice F6... is in force with respect to a building, the provisions of this Act (other than section 59) and the principal Act shall have effect in relation to the building as if it were a listed building.

If, following the service of a building preservation notice F7..., the Secretary of State notifies the local planning authority that he does not propose to include the building in a list compiled or approved under section 1, the authority shall immediately give notice of that decision to the owner and occupier of the building.

Following such a notification by the Secretary of State no further building preservation notice in respect of the building shall be served by the local planning authority within the period of 12 months beginning with the date of the notification.

The Commission shall, as respects any London borough, have concurrently with the council of that borough the functions of a local planning authority under this section; and references to the local planning authority shall be construed accordingly.