OpenLegislation

Section 59 Acts causing or likely to result in damage to listed buildings.C1C2C3C4

England and Wales

(1)

If, with the intention of causing damage to a listed building, any relevant person does or permits the doing of any act which causes or is likely to result in damage to the building, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)

A person is a relevant person for the purpose of subsection (1) if apart from that subsection he would be entitled to do or permit the act in question.

(3)

Subsection (1) does not apply to an act for the execution—

(a)

of works authorised by planning permission granted or deemed to be granted in pursuance of an application under the principal Act; or

(b)

of works for which listed building consent has been given under this ActF1; or

(c)

of works for which development consent has been granted under the Planning Act 2008.

(4)

If a person convicted of an offence under this section 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 F2one-tenth of level 3 on the standard scale for each day on which the failure continues.

Annotations

Textual amendments

F1

S. 59(3)(c) and preceding word inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 248(1), Sch. 2 para. 40 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)

F2

Words in s. 59(4) substituted (2.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123: 1), s. 32, Sch. 7 para.58; S.I. 1991/2905, art.3 Sch. 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.

S. 59 excluded (18.12.1996) by 1996 c. 61, s. 12, Sch. 7 para. 3

S. 59 restricted (1.10.1994) by S.I. 1994/1771, art. 5(5)

C2

S. 59 excluded (22.7.2008) by Crossrail Act 2008 (c. 18), s. 16(1), Sch. 9 para. 3

C3

S. 59 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 18 para. 3

C4

S. 59 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 18 para. 3

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)