PPS 6: Planning, Archaeology and The Built Heritage
Annex D: Urgent Works
D4 Article 80 of the 1991 Planning Order enables the Department to carry out urgent works for the preservation of a listed building. The owner of the building must be given at least seven days notice in writing before the Department takes any action and the notice must describe the nature of the proposed works. These powers can only be used in respect of an unoccupied building, or the unused part of a partly occupied building. Article 80 also enables the Department to direct that these powers shall apply to an unlisted building in a conservation area if it appears that its preservation is important for maintaining the character or appearance of the conservation area.
D5 These powers are confined to urgent works and are intended to cover only emergency repairs, for example works to keep a building wind and weatherproof and safe from collapse, or action to prevent vandalism or theft. The steps taken would be the minimum required to achieve this objective.
D6 The Department may serve a notice on the owner requiring payment for the costs of urgent works carried out under these provisions, which may include any continuing expenses involved in making available the apparatus or materials used; such as tarpaulins or scaffolding. The owner has 28 days from the service of the notice to appeal to the Planning Appeals Commission on any of the following grounds:
- that some or all of the works were unnecessary for the preservation of the building;
- that temporary arrangements have continued for an unreasonable length of time;
- that the amount specified in the notice is unreasonable or that its recovery would cause the owner hardship.
The owner and the Department will be informed of the Commission’s decision and its reasons, as well as the amount deemed recoverable. There is no further appeal after the Commission’s determination.