Section 306 — Housing Act 1985: Building becoming listed when acquired by agreement for clearance.

Building becoming listed when acquired by agreement for clearance. 306 1 Where section 291 (method of dealing with land acquired for clearance) applies to a building in England purchased by the local housing authority by agreement and the building becomes a listed building, the authority may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Secretary of State (and only to him) for his consent under section 8 of the Planning (Listed Buildings and Conservation Areas) Act 1990 to the demolition of the building. 1A Where section 291 applies to a building in Wales purchased by the local housing authority by agreement and the building becomes a listed building, the authority may, within the period of three months beginning with the date on which the building becomes a listed building, apply to the Welsh Ministers (and only to them) for their consent under section 89 of the Historic Environment (Wales) Act 2023 to the demolition of the building.

2 Where such an application is made and is refused, or the period for making such an application expires without the authority making an application—

a the authority shall cease to be subject to the duty imposed by section 291 to demolish the building, and b the building shall be treated in the case of a residential building (within the meaning of section 289) as appropriated to the purposes of Part II of this Act (provision of housing accommodation) and in any other case as appropriated to the purposes of Part IX of the Town and Country Planning Act 1990 (planning purposes).