Section 4 Temporary listing in urgent cases.C3C1
England and Wales
If it appears to the local planning authority to be urgent that a building preservation notice should come into force, they may, instead of serving the notice on the owner and occupier of the building, affix the notice conspicuously to some object on the building.
The affixing of a notice under subsection (1) shall be treated for all the purposes of F1section 3, this section, sections 5 and 10 to 26 and Schedule 2 as service of the notice.
A notice which is so affixed must explain that by virtue of being so affixed it is treated as being served for those purposes.
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.
Annotations
Textual amendments
- F1
Words in s. 4(2) substituted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 99 (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)
Modifications
- C1
S. 4 applied (Isles of Scilly) (with modifications) (2.10.2013) by The Town and Country Planning (Isles of Scilly) Order 2013 (S.I. 2013/2148), arts. 1(1), 3, Sch. 1 (with art. 1(2))
- C2
S. 4(1): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table A23
- C3
Ss. 1(3)(5)(6), 3–5 modified by S.I. 1990/1519, reg. 13(1)
Notes on Chapter 1
Modifications
- C1
Chs. I, II (ss. 1-26) and IV (ss. 38-44) of Pt. I, ss. 54-56, 59-61, 66, 68-72, 74-76 and 88: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(b); S.I. 1993/2762, art.3.