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Section 49 Compensation on compulsory acquisition of listed building in England or Wales.F4C3C1C2

England and Wales

F1(1)

Subject to section 50, for the purpose of assessing compensation in respect of any compulsory acquisition of land including a building which immediately before the date of the compulsory purchase order was listed, it shall be assumed that listed building consent would be granted for any works—

(a)

for the alteration or extension of the building; or

(b)

for the demolition of the building for the purpose of development of any class specified in Schedule 3 to the principal Act (development not constituting new development),

F2 . . . .

F3(2)

In subsection (1)—

(a)

the reference to a building which was listed includes a building in Wales which was included in the list maintained under section 76 of the Historic Environment (Wales) Act 2023;

(b)

in relation to such a building—

(i)

the reference to section 50 of this Act is to be read as a reference to section 140 of that Act;

(ii)

the reference to listed building consent is a reference to consent under section 89 of that Act.

Annotations

Textual amendments

F1

S. 49 renumbered as s. 49(1) (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 127(b) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F2

Words in s. 49 repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), ss. 31(4). 84(6), Schs. 6 para. 45, 19 Pt.II; S.I. 1991/2067, art.3 sch. 1

F3

S. 49(2) inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 127(c) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

F4

Words in s. 49 heading inserted (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), s. 212(2), Sch. 13 para. 127(a) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(d)

Modifications

C1

Ss. 32-50 applied in part (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. 49 excluded (4.11.2024) by Historic Environment (Wales) Act 2023 (asc 3), ss. 140(4)(c), 212(2) (with Sch. 14 paras. 1-3); S.I. 2024/860, art. 3(b)

C3

Ss. 47–50 modified by S.I. 1990/1519, reg. 13(1)

S. 49 amended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 paras. 13(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

Notes on Chapter V

Modifications

C1

Pt. I Ch. V (ss. 47–49): power to apply conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 243(3)(b)