Section 47: Compulsory acquisition of listed building in need of repair., Planning (Listed Buildings and Conservation Areas) Act 1990

If it appears to the Secretary of State that reasonable steps are not being taken for properly preserving a listed building he—

may authorise the appropriate authority to acquire compulsorily under this section the building and any relevant land; or

may himself compulsorily acquire them under this section.

The Acquisition of Land Act 1981 shall apply to compulsory acquisition under this section.

The Secretary of State shall not make or confirm a compulsory purchase order for the acquisition of any building by virtue of this section unless—

in the case of the acquisition of a building ... otherwise than by the Commission, he has consulted with the Commission; and

in any case, he is satisfied that it is expedient to make provision for the preservation of the building and to authorise its compulsory acquisition for that purpose.

Any person having an interest in a building which it is proposed to acquire compulsorily under this section may, within 28 days after the service of the notice required by section 12 of that Act of 1981 or, as the case may be, paragraph 3(1) of Schedule 1 to that Act, apply to a magistrates' court . . . for an order staying further proceedings on the compulsory purchase order.

If on an application under subsection (4) the court is satisfied that reasonable steps have been taken for properly preserving the building, the court shall make an order accordingly.

Any person aggrieved by the decision of a magistrates' court on an application under subsection (4) may appeal against the decision to the Crown Court.

This section does not permit the acquisition of any interest in Crown land unless—

it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and

the appropriate authority (within the meaning of section 82C) consents to the acquisition.

In this section—

the council of the county ... or district in which the building is situated, or

in the case of a building situated in Greater London, the Commission or the council of the London borough in which the building is situated, or

in the case of a building situated outside Greater London, the joint planning board for the area in which the building is situated; or

in the case of a building situated within the Broads, the Broads Authority;

"the appropriate authority" means—

Section 47: Compulsory acquisition of listed building in need of repair.

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