We are proposing to enforce the sale of a grade II listed chapel.
The Council has carried out works in default of an Urgent Works Notice served and not complied with under the above legislation
s55 of the act is the relevant section that gives the authority the same powers and remedies under the Law of Property Act 1925 and otherwise as if they were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.
However, s55 was amended in May 2017 with points 5A to 5G being inserted. My reading is that this is applicable to Wales only but our legal team have asked for clarification.
So, the question is can an English local authority can rely on sections 5(5C) to (5E) of the Planning (Listed Buildings and Conservation Areas) Act 1990 to enforce sale of a listed building to recover expenses of works executed under section 54, and if not, if there is any way other way to enforce sale to recover the expenses.
Any clarity on this would be appreciated