Commentary on Sections Part 3 — Buildings of special architectural or historic interest Chapter 4 — Enforcement of controls relating to listed buildings Section 123 — Power of planning authority to issue enforcement notice
466.Section 123 gives a planning authority the power to issue an enforcement notice to require steps to be taken where it considers that unauthorised works have been carried out on a listed building. The planning authority must consider it appropriate to issue the notice, having regard to the effect of the works on the character of the building as one of special architectural or historic interest. The planning authority, accordingly, may weigh up factors such as the severity of the damage to the listed building and the likelihood of future harm, the impact of the damage on the listed building’s character and significance, the scope for negotiation and cooperative solutions and the availability and suitability of other legal remedies.
467.An enforcement notice must identify the alleged breach and require steps to be taken for any or all of the following purposes: