39 Appeal against listed building enforcement notice
Planning (Listed Buildings and Conservation Areas) Act 1990 (1990 c 9) | Legislation

39  Appeal against listed building enforcement notice

(1)     A person having an interest in the building to which a listed building enforcement notice relates or a relevant occupier may appeal to the Secretary of State against the notice on any of the following grounds—

(a)     that the building is not of special architectural or historic interest;

[(b)     that the matters alleged to constitute a contravention of section 9(1) or (2) have not occurred;

(c)     that those matters (if they occurred) do not constitute such a contravention];

(d)     that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, and that the works carried out were limited to the minimum measures immediately necessary;

(e)     that listed building consent ought to be granted for the works, or that any

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