Historic Environment (Wales) Act 2023

• (5) Chapter 2 of Part 5 makes provision about the procedure for the consideration of applications referred to the Welsh Ministers under this section.

• (6) The decision of the Welsh Ministers on an application is final.

Notification to Welsh Ministers before granting consent

95

• (1) A planning authority to which an application for listed building consent is made may not grant consent unless—

• (a) it has notified the Welsh Ministers of the application, giving details of the works for which consent is sought, and

• (b) the first or second condition is met.

• (2) The first condition is that the 28 days beginning with the day the Welsh Ministers were notified have ended without the Welsh Ministers either—

• (a) directing the authority to refer the application to them under section 94, or

• (b) notifying the authority that they need more time to consider whether to give a direction under that section.

• (3) The second condition is that the Welsh Ministers have notified the authority that they do not intend to direct it to refer the application to them.

• (4) The Welsh Ministers may by regulations provide that subsection (1) does not apply to applications for listed building consent of a description specified in the regulations.

• (5) The Welsh Ministers may direct a planning authority—

• (a) that subsection (1) is not to apply to an application to the authority for listed building consent, or

• (b) that subsection (1) is to apply to an application to the authority despite any provision made by regulations under subsection (4) or by a direction under paragraph (a).

• (6) A direction may relate to—

• (a) a particular application for listed building consent, or

• (b) applications of a description specified in the direction,

and has effect in relation to any application that the authority has not determined.

• (7) The Welsh Ministers may specify a description of applications under subsection (4) or (6)(b) by reference to the opinion of any person, the availability of specialist advice in relation to the applications, or any other circumstance.

Grant or refusal of consent

96

• (1) On determining an application for listed building consent, a planning authority or the Welsh Ministers may grant or refuse consent.

• (2) In considering whether to grant listed building consent, a planning authority or the Welsh Ministers must have special regard to the desirability of preserving—

• (a) the listed building to which the application relates,

• (b) the setting of the building, and

• (c) any features of special architectural or historic interest the building possesses.

• (3) Listed building consent has effect for the benefit of the listed building and the land on which it is situated, and of all persons for the time being interested in the building and land; but this is subject to the terms of the consent.

Grant of listed building consent subject to conditions

Power to grant consent subject to conditions

97

• (1) Listed building consent may be granted subject to conditions.

• (2) A condition may, for example, require—

• (a) particular features of the listed building to be preserved, either as part of it or after severance from it;

• (b) any damage caused to the building by the works to be made good after the works are completed;

• (c) the building or any part of it to be reconstructed after any works are carried out, using original materials so far as practicable and making any alterations to the interior of the building specified in the conditions.

• (3) Consent may also be granted subject to a condition requiring specified details of the works (whether or not set out in an application for consent) to be approved later.

• (4) A condition imposed under subsection (3) must—

• (a) in the case of consent granted by a planning authority, require the approval of that authority;

• (b) in the case of consent granted by the Welsh Ministers, specify whether the approval required is that of the planning authority or the Welsh Ministers.

• (5) Consent for the demolition of a listed building must be granted subject to a condition that the works must not start until—

• (a) notice of the proposal to demolish the building has been given to the Royal Commission on the Ancient and Historical Monuments of Wales, and

• (b) after the giving of that notice, the Royal Commission—

• (i) has been given reasonable access to the building for at least 1 month for the purpose of recording it, or

• (ii) has stated in writing that it has completed its recording of the building or does not wish to record it.

• (6) If consent for the demolition of a listed building is granted without the condition required by subsection (5), it is to be treated as having been granted subject to that condition.

• (7) Consent for the demolition of a listed building may also be granted subject to a condition that the works must not start until—

• (a) a contract for works to redevelop the site has been made, and

• (b) planning permission has been granted for those redevelopment works.

• (8) Subsections (5) and (6) do not prevent the imposition of other conditions for the purpose of enabling a listed building to be recorded.

• (9) The Welsh Ministers may by regulations replace the references in subsection (5) to the Royal Commission on the Ancient and Historical Monuments of Wales with references to another body.

Condition about period within which works must start

98

• (1) Listed building consent must be granted subject to the condition that the works to which it relates must start before the end of a period which is specified in the condition and begins with the day the consent is granted.

• (2) If consent is granted without the condition required by subsection (1), it is to be treated as having been granted subject to the condition that the works to which it relates must start within 5 years beginning with the day it was granted.

• (3) This section does not apply to—

• (a) consent under section 89(2) (consent for works already carried out);

• (b) consent granted by a listed building partnership agreement (see section 113).

Application for variation or removal of conditions

99

• (1) Where listed building consent has been granted subject to conditions, any person interested in the listed building may apply for the variation or removal of the conditions.

• (2) The application must indicate what variation or removal of conditions is applied for.

• (3) Sections 90 to 95 (except section 90(4) and (5)(a)) apply to an application under this section as they apply to an application for listed building consent.

• (4) On an application under this section the planning authority or the Welsh Ministers may, in addition to varying or removing the conditions of the consent, impose new conditions that are consequential on the variation or removal.

• (5) This section does not apply to consent granted by a listed building partnership agreement.

Appeals to the Welsh Ministers

Right to appeal against planning authority decision or failure to make decision

100

• (1) This section applies where an application has been made to a planning authority for—

• (a) listed building consent,

• (b) the variation or removal of conditions of listed building consent, or

• (c) approval of details of works under a condition of listed building consent.

• (2) The applicant may appeal to the Welsh Ministers if the planning authority—

• (a) refuses the application, or

• (b) grants the application subject to conditions or, in the case of an application for the variation or removal of conditions, grants it and imposes new conditions.

• (3) The applicant may also appeal to the Welsh Ministers if the planning authority has done none of the following within the determination period—

• (a) given notice to the applicant of its decision on the application, or

• (b) in the case of an application for listed building consent or for the variation or removal of conditions, given notice to the applicant that it has—

• (i) exercised its power under section 93 to refuse to consider the application, or

• (ii) referred the application to the Welsh Ministers under section 94.

• (4) In subsection (3) “the determination period” means—

• (a) the period specified in regulations made by the Welsh Ministers, or

• (b) a longer period agreed in writing between the applicant and the planning authority.

Procedure for making appeal

101

• (1) An appeal under section 100 must be made by serving a notice of appeal on the Welsh Ministers.

• (2) The grounds of appeal stated in the notice may include (alone or with other grounds)—

• (a) a claim that the building to which the appeal relates is not of special architectural or historic interest and ought to be de-listed, or

• (b) in the case of a building subject to interim protection or temporary listing, a claim that the building should not be listed.

• (3) The Welsh Ministers may by regulations make provision about—

• (a) the form of a notice of appeal (which may include provision for using a form to be published or provided by the Welsh Ministers or another person);

• (b) information that must be included with a notice of appeal;

• (c) the way in which, and period within which, a notice of appeal must be served (which may include provision enabling the Welsh Ministers to extend the period).

• (4) Section 91 (notice to owners of building) applies in relation to appeals under section 100 relating to applications for listed building consent or for the variation or removal of conditions, but as if references to an application and an applicant were references to an appeal and an appellant.

• (5) The period specified by regulations under subsection (3)(c) must be at least 28 days beginning with the day after—

• (a) in the case of an appeal under subsection (2) of section 100, the day the applicant receives notice of the decision;

• (b) in the case of an appeal under subsection (3) of that section, the end of the determination period (which has the same meaning as in that subsection).

Restriction on varying application after service of notice of appeal

102

• (1) Once notice of an appeal under section 100 has been served, the application to which the appeal relates may not be varied except in circumstances specified in regulations made by the Welsh Ministers.

• (2) Where an application is varied under this section, the Welsh Ministers may direct that further consultation must be carried out in relation to the application.

Decision on application after service of notice of appeal

103

• (1) This section applies if a person who has made an application for listed building consent appeals under section 100(3) (failure to give notice of decision).

• (2) The Welsh Ministers must not determine the appeal before the end of the period which is specified in regulations made by the Welsh Ministers and begins with the day the notice of appeal is served.

• (3) The planning authority may give notice of its decision on the application to which the appeal relates at any time before the end of that period.

• (4) If the authority gives notice in accordance with subsection (3) that its decision is to refuse the application—

• (a) the appeal must be treated as an appeal under section 100(2) against the refusal, and

• (b) the Welsh Ministers must give the appellant the opportunity to revise the grounds of appeal.

• (5) If the authority gives notice in accordance with subsection (3) that its decision is to grant the application subject to conditions, the Welsh Ministers must give the appellant the opportunity—

• (a) to proceed with the appeal as an appeal under section 100(2) against the grant of the application subject to conditions, and

• (b) to revise the grounds of the appeal.

Determination of appeal

104

• (1) On an appeal under section 100 the Welsh Ministers may—

• (a) allow or dismiss the appeal, or

• (b) reverse or vary any part of the planning authority’s decision on the application to which the appeal relates (whether or not the appeal relates to that part),

and may deal with the application as if it had been made to them.

• (2) Where the appeal was made under section 100(3) (failure to give notice of decision) and the planning authority has not given notice under section 103(3), it is to be assumed for the purposes of subsection (1) that the authority decided to refuse the application.

• (3) On an appeal under section 100 the Welsh Ministers may also exercise their power under section 76 to de-list the building to which the appeal relates.

• (4) Chapter 2 of Part 5 makes provision about the procedure for the consideration of appeals (including provision for them to be determined by persons appointed by the Welsh Ministers).

• (5) The decision of the Welsh Ministers on an appeal is final.

Special cases

Applications by planning authorities and the Crown

105

• (1) The Welsh Ministers may by regulations provide that any provision made by or under this Act is not to apply, or is to apply with modifications, to an application mentioned in subsection (2) that is made—

• (a) by a planning authority, or

• (b) by or on behalf of the Crown.

• (2) The applications referred to in subsection (1) are applications for—

• (a) listed building consent,

• (b) the variation or removal of conditions of listed building consent, or

• (c) approval of details of works under a condition of listed building consent.

• (3) The regulations may, in particular, provide for an application to be made to the Welsh Ministers.

Applications relating to urgent works on Crown land

106

• (1) The appropriate Crown authority may make an application for listed building consent to the Welsh Ministers (instead of to a planning authority) if—

• (a) the listed building to which the application relates is on Crown land, and

• (b) the appropriate Crown authority certifies—

• (i) that the works for which consent is sought are of national importance, and

• (ii) that it is necessary that the works are carried out as a matter of urgency.

• (2) Before making the application, the appropriate Crown authority must publish in one or more newspapers circulating in the locality of the listed building a notice—

• (a) describing the proposed works, and

• (b) stating that it proposes to make the application to the Welsh Ministers under this section.

• (3) Where the appropriate Crown authority makes an application under this section—

• (a) it must give the Welsh Ministers a statement of its grounds for making the application;

• (b) the Welsh Ministers may require it to give them any further information they consider necessary to enable them to determine the application.

• (4) As soon as practicable after receiving a document or other material by virtue of subsection (3), the Welsh Ministers must make a copy of the document or other material available for inspection by the public in the locality of the proposed works.

• (5) The Welsh Ministers must, in accordance with any requirements imposed by regulations, publish notice of the application and of the fact that documents and other material are available for inspection.

• (6) The Welsh Ministers must consult the following persons about the application—

• (a) the planning authority in whose area the listed building is situated, and

• (b) any other person that may be specified in regulations.

• (7) Chapter 2 of Part 5 makes provision about the procedure for the consideration of applications made to the Welsh Ministers under this section.

• (8) Subsection (4) does not apply to the extent that a document or other material is subject to a direction under section 178 (restriction of access to evidence on national security grounds).

• (9) The decision of the Welsh Ministers on an application is final.

• (10) In this section references to regulations are to regulations made by the Welsh Ministers.

Modification and revocation of listed building consent

Modification and revocation of consent

107

• (1) Where listed building consent has been granted on an application or appeal under this Part, the planning authority in whose area the listed building is situated or the Welsh Ministers may by order modify or revoke the consent to any extent.

• (2) An order modifying or revoking listed building consent for any works may be made at any time before the works are completed, but does not affect consent for works carried out before the order takes effect.

• (3) In Schedule 8—

• (a) Part 1 makes provision about the procedures that must be followed before an order made by a planning authority under this section takes effect (either with or without confirmation by the Welsh Ministers);

• (b) Part 2 makes provision about the procedure that must be followed before the Welsh Ministers make an order under this section.

Compensation where consent is modified or revoked

108

• (1) This section applies where listed building consent is modified or revoked by an order under section 107 that is—

• (a) made by a planning authority and confirmed by the Welsh Ministers, or

• (b) made by the Welsh Ministers.

• (2) Any person interested in the listed building to which the consent relates is entitled, on making a claim to the planning authority, to be paid compensation by the authority for—

• (a) any expenditure incurred by the person in carrying out works that become abortive because of the modification or revocation of the consent;

• (b) any other loss or damage suffered by the person that is directly attributable to the modification or revocation.

• (3) For the purposes of this section expenditure incurred in the preparation of plans for the purposes of any works, or on other similar matters preparatory to any works, is to be treated as expenditure incurred in carrying out the works.

• (4) Subject to that, no compensation is payable under this section in respect of—

• (a) works carried out before the grant of the listed building consent that is modified or revoked, or

• (b) other loss or damage (other than loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the consent was granted.

• (5) A claim for compensation under this section must be made in writing within 6 months beginning with the day the modification or revocation of the consent takes effect.

• (6) In subsection (2) “the planning authority” means—

• (a) the planning authority that made the order under section 107, or

• (b) if the order was made by the Welsh Ministers, the planning authority in whose area the listed building to which the order relates is situated.

Right of owner of listed building to require purchase of interest

Purchase notice where consent is refused, granted subject to conditions, modified or revoked

109

• (1) This section applies where—

• (a) on an application for listed building consent, consent is refused or is granted subject to conditions, or

• (b) an order under section 107 modifies or revokes listed building consent.

• (2) If an owner of the listed building to which the application or order relates claims—

• (a) that the first set of conditions is met in relation to the building, and

• (b) that the first and second sets of conditions are met in relation to any associated land,

the owner may serve a purchase notice on the planning authority in whose area the listed building is situated.

• (3) A purchase notice is a notice requiring the planning authority to purchase the owner’s interest in the listed building and associated land.

• (4) The first set of conditions is—

• (a) that the listed building and associated land in respect of which the notice is served are‍ unusable in their existing state,

• (b) in a case where listed building consent has been granted‍ subject to conditions or has been modified by the imposition of conditions, that the building and land cannot be made usable by carrying out the works to which the consent relates in accordance with the conditions, and

• (c) in any case, that the building and land cannot be made‍ usable by carrying out any other works for which listed building consent has been granted or for which the planning authority or the Welsh Ministers have undertaken to grant listed building consent.

• (5) The second set of conditions is—

• (a) that the use of the associated land is substantially inseparable from the use of the listed building, and

• (b) that the associated land ought to be treated, together with the building, as a single holding.

• (6) In this section and Schedule 9—

• “associated land” (“tir cysylltiedig”), in relation to a listed building, means land which—includes, adjoins or is adjacent to the building, andis owned with the building;

• “usable” (“defnyddiadwy”), in relation to a listed building or associated land, means capable of reasonably beneficial use.

• (7) In determining whether a listed building and associated land are‍ usable in their existing state, a prospective use of the building or land must be ignored if it would involve—

• (a) carrying out works requiring listed building consent which has not been granted and which neither a planning authority nor the Welsh Ministers have undertaken to grant, or

• (b) carrying out development for which planning permission has not been granted and for which neither a planning authority nor the Welsh Ministers have undertaken to grant permission.

• (8) A listed building is not‍ unusable in its existing state if—

• (a) the existing state of the building was caused by a breach of section 88 (requirement for works to be authorised) or of a condition subject to which listed building consent has been granted, and

• (b) the building could be made‍ usable by taking steps that are or could be required by an enforcement notice under section 123.‍

Purchase notice in respect of Crown land

110

• (1) The owner of a private interest in Crown land may not serve a purchase notice in respect of that interest unless—

• (a) the owner has offered to dispose of the interest to the appropriate Crown authority for a price that is equal to (and if not agreed, is to be determined in the same way as) the compensation that would be payable for the interest if it were acquired in pursuance of a purchase notice, and

• (b) the appropriate Crown authority has refused the offer.

• (2) Only the appropriate Crown authority may serve a purchase notice in respect of a Crown interest or Duchy interest in land which—

• (a) forms part of the Crown Estate,

• (b) belongs to His Majesty in right of His private estates,

• (c) belongs to His Majesty in right of the Duchy of Lancaster, or

• (d) belongs to the Duchy of Cornwall.

• (3) A purchase notice may not be served in respect of a Crown interest or Duchy interest in any other land.

Further provision about service of purchase notice

111

• (1) A purchase notice must be served within 12 months beginning with—

• (a) in the case of a notice relating to a decision to refuse listed building consent or grant it subject to conditions, the day the decision is made, or

• (b) in the case of a notice relating to an order under section 107 modifying or revoking listed building consent, the day the order takes effect.

• (2) In a case where the Welsh Ministers determine an appeal against a decision of a planning authority to refuse listed building consent or grant it subject to conditions, the reference in subsection (1)(a) to the day the decision is made is to be read as a reference to the day the Welsh Ministers determine the appeal.

• (3) The Welsh Ministers may at any time extend the period for serving a purchase notice in a particular case, if they are satisfied that there are good reasons for doing so.

• (4) The Welsh Ministers may by regulations make provision about how a purchase notice must be served.

• (5) Where a repairs notice has been served on an owner of a listed building under section 138, the owner is not entitled to serve a purchase notice in respect of the building—

• (a) before the end of 3 months beginning with the day the repairs notice is served, or

• (b) if during that period the‍ compulsory acquisition of the building is started under section 137, unless the compulsory acquisition is discontinued.

• (6) An owner of a listed building who has served a purchase notice may not amend the notice; but that does not prevent the owner serving a further purchase notice relating to the same decision or order.

• (7) If an owner serves a further purchase notice relating to the same decision or order, the earlier notice is to be treated as withdrawn unless the later notice states that the owner does not intend to withdraw it.

• (8) For the purposes of subsection (5)—

• (a) a compulsory acquisition is starte‍d—

• (i) by a planning authority when it serves the notice required by section 12 of the Acquisition of Land Act 1981 (c. 67);

• (ii) by the Welsh Ministers when they serve the notice required by paragraph 3(1) of Schedule 1 to that Act;

• (b) a compulsory acquisition is discontinued—

• (i) in the case of an acquisition by a planning authority, when the compulsory purchase order is withdrawn or the Welsh Ministers decide not to confirm it;

• (ii) in the case of an acquisition by the Welsh Ministers, when they decide not to make the compulsory purchase order.

Action following service of purchase notice

112

Schedule 9 makes provision about the action to be taken by planning authorities and the Welsh Ministers following the service of a purchase notice.

CHAPTER 3 — LISTED BUILDING PARTNERSHIP AGREEMENTS

Listed building partnership agreements

113

• (1) A planning authority may make an agreement under this section with any owner of a listed building, or part of a listed building, situated in its area.

• (2) Any of the following persons may also be a party to the agreement (in addition to the owner and the authority)—

• (a) the Welsh Ministers;

• (b) any occupier of the building;

• (c) any other person who has an interest in the building;

• (d) any person involved in the management of the building;

• (e) any other person the planning authority considers appropriate as having special knowledge of, or special interest in, the building or in buildings of architectural or historic interest more generally.

• (3) The Welsh Ministers may make an agreement under this section with any owner of a listed building or part of a listed building.

• (4) Any of the following persons may also be a party to the agreement (in addition to the owner and the Welsh Ministers)—

• (a) any planning authority in whose area the building or part is situated;

• (b) any occupier of the building;

• (c) any other person who has an interest in the building;

• (d) any person involved in the management of the building;

• (e) any other person the Welsh Ministers consider appropriate as having special knowledge of, or special interest in, the building or in buildings of architectural or historic interest more generally.

• (5) An agreement under this section is referred to in this Act as a “listed building partnership agreement”.

• (6) A listed building partnership agreement may grant listed building consent under section 89(1) for specified works for the alteration or extension of the listed building to which the agreement relates.

• (7) Where a listed building partnership agreement grants listed building consent subject to conditions, the agreement must specify those conditions.

• (8) A listed building partnership agreement may also—

• (a) specify works that would or would not, in the view of the parties, affect the character of the listed building as a building of special architectural or historic interest;

• (b) make provision about the maintenance and preservation of the building;

• (c) make provision about the carrying out of specified works, or the doing of any specified thing, in relation to the building;

• (d) provide for public access to the building and the provision of associated facilities, information or services to the public;

• (e) restrict access to, or use of, the building;

• (f) prohibit the doing of any specified thing in relation to the building;

• (g) provide for a planning authority or the Welsh Ministers to make payments of specified amounts and on specified terms—

• (i) for or towards the costs of any works provided for under the agreement, or

• (ii) in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.

• (9) A listed building partnership agreement may relate to more than one listed building or part of a listed building, but only if the parties to the agreement include in relation to each building or part—

• (a) an owner of that building or part, and

• (b) the planning authority in whose area that building or part is situated or the Welsh Ministers.

• (10) In this section—

• “owner” (“perchennog”), in relation to a listed building or part of a listed building, means—an owner of the freehold estate in the building or part, ora tenant under a lease of the building or part granted or extended for a fixed term that has at least 7 years left to run;

• “specified” (“penodedig”) means specified or described in a listed building partnership agreement.

Further provision about listed building partnership agreements

114

• (1) A listed building partnership agreement must be in writing.

• (2) A listed building partnership agreement must—

• (a) contain enough information to identify the listed building to which it relates, including a plan;

• (b) contain any other plans and drawings that are necessary to describe any works to which it relates;

• (c) specify the date on which it takes effect and its duration;

• (d) make provision for the parties to review the terms of the agreement at intervals specified in it;

• (e) make provision for its variation (but this is subject to regulations under subsection (5));

• (f) make provision for its termination (but this is subject to section 115).

• (3) A listed building partnership agreement may contain incidental and consequential provision.

• (4) The Welsh Ministers may by regulations specify other terms that must be included in a listed building partnership agreement.

• (5) The Welsh Ministers must by regulations make provision about—

• (a) the consultation that must take place before a listed building partnership agreement is made or varied;

• (b) the publicity that must be given to a listed building partnership agreement before or after it is made or varied.

• (6) In considering whether to make a listed building partnership agreement that grants listed building consent, or vary an agreement so that it grants consent, a planning authority or the Welsh Ministers must have special regard to the desirability of preserving—

• (a) the listed building to which the agreement relates,

• (b) the setting of the building, and

• (c) any features of special architectural or historic interest the building possesses.

• (7) A listed building partnership agreement may not impose any obligation or liability, or confer any right, on a person who is not a party to the agreement; and listed building consent granted by such an agreement has effect only for the benefit of the parties to it.

• (8) The Welsh Ministers may by regulations—

• (a) disapply, or apply or reproduce with or without modifications, any provision of sections 90 to 104 (granting listed building consent) or Chapter 4 (enforcement) for the purposes of listed building partnership agreements, and

• (b) provide for any other provision of this Act to apply with modifications that are consequential on provision made under paragraph (a).

Termination of agreement or provision of agreement

115

• (1) A planning authority may by order terminate a listed building partnership agreement to which it is a party or any provision of such an agreement.

• (2) The Welsh Ministers may by order terminate a listed building partnership agreement (whether or not they are a party to it) or any provision of such an agreement.

• (3) An order under this section may contain supplementary, incidental, transitory, transitional or saving provision.

• (4) An order under this section terminating a provision which grants listed building consent for any works may be made at any time before the works are completed, but does not affect listed building consent for works carried out before the order takes effect.

• (5) In Schedule 10—

• (a) Part 1 makes provision about the procedure that must be followed before an order made by a planning authority under this section takes effect;

• (b) Part 2 makes provision about the procedure that must be followed before the Welsh Ministers make an order under this section.

• (6) The Welsh Ministers may by regulations amend Schedule 10, and the regulations may make consequential amendments to any other provision of this Act.

Compensation where agreement or provision is terminated

116

• (1) This section applies where a listed building partnership agreement, or any provision of such an agreement, is terminated by an order under section 115.

• (2) Any person is entitled, on making a claim to the planning authority, to be paid compensation by the authority for—

• (a) any expenditure incurred by the person in carrying out works that become abortive because of the termination of the agreement or provision;

• (b) any other loss or damage suffered by the person that is directly attributable to the termination.

• (3) For the purposes of this section expenditure incurred in the preparation of plans for the purposes of any works, or on other similar matters preparatory to any works, is to be treated as expenditure incurred in carrying out the works.

• (4) Subject to that, no compensation is payable under this section in respect of—

• (a) works carried out before the listed building partnership agreement, or the relevant provision of the agreement, took effect, or

• (b) other loss or damage (other than loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the agreement or provision took effect.

• (5) A claim for compensation under this section must be made in writing within 6 months beginning with the day the termination of the agreement or provision takes effect.

• (6) In subsection (2) “the planning authority” means—

• (a) the planning authority that made the order under section 115, or

• (b) if the order was made by the Welsh Ministers, the planning authority in whose area the listed building, or the part of a listed building, to which the order relates is situated.

• (7) The Welsh Ministers may by regulations amend this section, and the regulations may make consequential amendments to any other provision of this Act.

CHAPTER 4 — ENFORCEMENT OF CONTROLS RELATING TO LISTED BUILDINGS

Unauthorised works and intentional damage: offences

Offence of carrying out unauthorised works or breaching condition of consent

117

• (1) A person commits an offence if the person carries out, or causes to be carried out, works in relation to a listed building in breach of section 88 (requirement for works to be authorised).

• (2) A person also commits an offence if the person—

• (a) carries out, or causes to be carried out, works in relation to a listed building, and

• (b) fails to comply with a condition subject to which listed building consent has been granted for the works.

• (3) Subsection (2) does not limit what may be an offence under subsection (1).

• (4) In proceedings against a person for an offence under this section, it is a defence for the person to prove that—

• (a) works were urgently necessary in the interests of safety or health or for the preservation of the building,

• (b) it was not practicable to secure safety or health or the preservation of the building by carrying out works of repair or works to provide temporary support or shelter,

• (c) the works carried out were limited to the minimum measures immediately necessary, and

• (d) notice in writing justifying in detail the carrying out of the works was given to the planning authority in whose area the building is or was situated as soon as reasonably practicable.

• (5) In proceedings against a person for an offence under this section in relation to a building on which interim protection is conferred—

• (a) it is a defence for the person to prove that the person did not know, and could not reasonably have been expected to know, that the interim protection had been conferred, and

• (b) where the defence is raised by a person on whom a notice should have been served under section 78(1), it is for the prosecution to prove that the notice was served on the person.

• (6) A person guilty of an offence under this section is liable—

• (a) on summary conviction, to a fine or imprisonment for a term not exceeding the applicable limit under section 224(1A)(b) of the Sentencing Code, or both;

• (b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.

• (7) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

Offence of intentionally damaging listed building

118

• (1) A person commits an offence if, with the intention of causing damage to a listed building, the person does anything or permits anything to be done—

• (a) which causes or is likely to result in damage to the building, and

• (b) which the person would be entitled to do or permit were it not for this subsection.

• (2) Subsection (1) does not apply to—

• (a) works for which listed building consent has been granted;

• (b) anything done in relation to a scheduled monument (but see section 58);

• (c) works in relation to an exempt religious building;

• (d) anything authorised by planning permission granted or treated as having been granted on an application under the Town and Country Planning Act 1990 (c. 8);

• (e) anything for which development consent has been granted under the Planning Act 2008 (c. 29);

• (f) anything for which infrastructure consent has been given under the Infrastructure (Wales) Act 2024.

• (3) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) If a person convicted of an offence under subsection (1) fails to take any reasonable steps that are necessary to prevent damage or further damage resulting from the offence, the person is guilty of a further offence.

• (5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding one tenth of level 3 on the standard scale for each day on which the failure continues.

Temporary stop notices

Power of planning authority to issue temporary stop notice

119

• (1) A planning authority may issue a temporary stop notice if it considers—

• (a) that works have been or are being carried out in relation to a listed building in its area which involve a breach of section 88 (requirement for works to be authorised) or of a condition subject to which listed building consent has been granted, and

• (b) that the works (or any of them) ought to be stopped immediately, having regard to their effect on the character of the building as one of special architectural or historic interest.

• (2) A temporary stop notice must—

• (a) specify the works to which it relates,

• (b) prohibit the carrying out of the works (or any of them specified in the notice),

• (c) set out the authority’s reasons for issuing the notice, and

• (d) state the effect of section 121 (offence of breaching temporary stop notice).

• (3) The planning authority must display a copy of the temporary stop notice on the listed building to which it relates; and the copy must specify the date on which it is first displayed.

• (4) But if—

• (a) it is not reasonably practicable to display a copy of the notice on the building, or

• (b) the authority considers that displaying a copy of the notice on the building might damage it,

the authority may instead display a copy in a prominent place as near to the building as is reasonably practicable.

• (5) The authority may serve a copy of the notice on any person the authority considers—

• (a) to be carrying out the works that the notice prohibits or causing or permitting them to be carried out,

• (b) to be an occupier of the listed building to which the notice relates, or

• (c) to have an interest in the building.

• (6) A temporary stop notice may not prohibit the carrying out of works of a description, or in circumstances, specified in regulations made by the Welsh Ministers.

Duration etc. of temporary stop notice

120

• (1) A temporary stop notice takes effect when a copy of it is first displayed in accordance with section 119.

• (2) A temporary stop notice ceases to have effect—

• (a) at the end of 28 days beginning with the day the copy of it is first displayed in accordance with section 119, or

• (b) if it specifies a shorter period beginning with that day, at the end of that period.

• (3) But if the planning authority withdraws the notice before the end of the period for which it would otherwise have effect, the notice ceases to have effect when it is withdrawn.

• (4) A planning authority may not issue a second or subsequent temporary stop notice in relation to the same works unless the authority has, since issuing the previous notice, taken other enforcement action in relation to the breach referred to in section 119(1)(a).

• (5) In subsection (4) the reference to taking other enforcement action is a reference to—

• (a) issuing an enforcement notice under section 123, or

• (b) obtaining an injunction under section 135.

Offence of breaching temporary stop notice

121

• (1) A person commits an offence if, at any time when a temporary stop notice has effect, the person carries out works prohibited by the notice or causes or permits such works to be carried out.

• (2) A person may be charged with an offence under this section by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same temporary stop notice by reference to different periods.

• (3) In proceedings against a person for an offence under this section, it is a defence for the person to prove that the person did not know, and could not reasonably have been expected to know, of the existence of the temporary stop notice.

• (4) In proceedings for an offence under this section, it is a defence to prove that—

• (a) works to the listed building were urgently necessary in the interests of safety or health or for the preservation of the building,

• (b) it was not practicable to secure safety or health or the preservation of the building by carrying out works of repair or works to provide temporary support or shelter,

• (c) the works carried out were limited to the minimum measures immediately necessary, and

• (d) notice in writing justifying in detail the carrying out of the works was given to the planning authority in whose area the building is or was situated as soon as reasonably practicable.

• (5) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

• (6) In determining the amount of the fine, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

Compensation for loss or damage caused by temporary stop notice

122

• (1) This section applies where—

• (a) the works specified in a temporary stop notice do not, at the time the notice takes effect, involve a breach of section 88 (requirement for works to be authorised) or of a condition subject to which listed building consent has been granted, or

• (b) a planning authority withdraws a temporary stop notice after it has taken effect.

• (2) This section does not apply by virtue of subsection (1)(b) where—

• (a) listed building consent is granted for the works specified in the temporary stop notice after the notice has taken effect, and

• (b) the planning authority withdraws the notice after the grant of that consent.

• (3) Any person who has an interest in the listed building to which the notice relates‍ at the time the notice takes effect is entitled, on making a claim to the planning authority, to be paid compensation by the authority for any loss or damage suffered by the person that is directly attributable to the effect of the notice.

• (4) The loss or damage for which compensation is payable includes any amount payable by the claimant in respect of a breach of contract caused by taking action necessary to comply with the notice.

• (5) No compensation is payable under this section for loss or damage that the claimant could have avoided by—

• (a) providing information that the claimant was required to provide by a notice served by the planning authority under section 197 of this Act or section 16 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57), or

• (b) co-operating with the planning authority in any other way when responding to such a notice.

• (6) A claim for compensation under this section must be made in writing within 6 months beginning—

• (a) in a case falling within subsection (1)(a) but not within subsection (1)(b), with the day the temporary stop notice takes effect;

• (b) in a case falling within subsection (1)(b), with the day the notice is withdrawn.

Enforcement notices issued by planning authorities

Power of planning authority to issue enforcement notice

123

• (1) A planning authority may issue an enforcement notice if it considers—

• (a) that works which involve a breach of section 88 (requirement for works to be authorised) or of a condition subject to which listed building consent has been granted have been or are being carried out in relation to a listed building in its area, and

• (b) that it is appropriate to issue the notice, having regard to the effect of the works on the character of the building as a building of special architectural or historic interest.

• (2) An enforcement notice must—

• (a) specify the alleged breach, and

• (b) require steps specified in the notice to be taken for one or more of the purposes set out in subsection (3).

• (3) The purposes are—

• (a) restoring the listed building to its condition before the breach took place,

• (b) if the planning authority considers that restoration would not be reasonably practicable or would be undesirable, carrying out further works to alleviate the effect of the breach, or

• (c) putting the building in the condition it would have been in if the terms of any listed building consent for the works to which the notice relates (including any conditions attached to the consent) had been complied with.

• (4) Where an enforcement notice imposes a requirement under subsection (3)(b), listed building consent is to be treated as having been granted for any works carried out in compliance with the requirement.

Service and taking effect of enforcement notice

124

• (1) An enforcement notice must specify—

• (a) the date on which it is to take effect, and

• (b) the period within which the steps specified in it must be taken.

• (2) The notice takes effect at the beginning of the day specified under subsection (1)(a); but where an appeal is made against the notice under section 127, this is subject to sections 127(4)(a) and 184(5).

• (3) An enforcement notice may specify different periods for taking different steps.

• (4) Where a planning authority issues an enforcement notice, it must serve a copy of the notice on—

• (a) every owner and occupier of the listed building to which the notice relates, and

• (b) any other person who has an interest in the building which the authority considers to be materially affected by the notice.

• (5) Each copy of the notice must be served—

• (a) before the end of 28 days after the day the notice is issued, and

• (b) at least 28 days before the date specified in the notice as the date on which it is to take effect.

Variation and withdrawal of enforcement notice

125

• (1) Where a planning authority has issued an enforcement notice, it may—

• (a) withdraw the notice;

• (b) waive or relax any requirement of the notice, and in particular extend the period within which the notice requires any step to be taken.

• (2) The authority may exercise the powers in subsection (1) whether or not the notice has taken effect.

• (3) The withdrawal of an enforcement notice does not prevent the planning authority from issuing another enforcement notice.

• (4) Subsection (5) applies where the planning authority had served copies of the enforcement notice under section 124(4) before exercising the powers in subsection (1).

• (5) Immediately after exercising any of those powers, the authority must give notice that it has done so to every person who was served with a copy of the enforcement notice (or who would be served with a copy of the notice if it were reissued).

Effect of granting listed building consent on enforcement notice

126

• (1) This section applies if, after an enforcement notice has been issued, listed building consent is granted under section 89(2)—

• (a) authorising any works to which the notice relates that have been carried out in breach of section 88, or

• (b) authorising works which involve a breach of a condition subject to which a previous consent was granted.

• (2) The notice ceases to have effect (or does not take effect) so far as it—

• (a) requires steps to be taken that are inconsistent with the authorisation of the works, or

• (b) requires steps to be taken for complying with the condition.

• (3) The fact that an enforcement notice has wholly or partly ceased to have effect by virtue of this section does not affect the liability of any person for an offence in respect of a previous failure to comply with the notice (see section 133).

Appeals and other proceedings relating to enforcement notices

Right to appeal against enforcement notice

127

• (1) The following persons may appeal to the Welsh Ministers against an enforcement notice (whether or not a copy of the notice has been served on them)—

• (a) any person who has an interest in the listed building to which the notice relates;

• (b) any person who by virtue of a licence—

• (i) occupies the building on the day the notice is issued, and

• (ii) continues to occupy it when the appeal is made.

• (2) An appeal may be made on one or more of the following grounds—

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

• (b) that the matters alleged to constitute a breach of section 88 or of a condition of listed building consent have not occurred;

• (c) that those matters (if they occurred) do not constitute such a breach;

• (d) that the following conditions are met—

• (i) works to the building were urgently necessary in the interests of safety or health or for the preservation of the building,

• (ii) it was not practicable to secure safety or health or the preservation of the building by carrying out works of repair or works to provide temporary support or shelter, and

• (iii) the works carried out were limited to the minimum measures immediately necessary;

• (e) that listed building consent ought to be granted for the works to which the notice relates, or that any relevant condition of listed building consent which has been granted for the works ought to be removed or replaced with different conditions;

• (f) that a copy of the notice was not served on a person as required by section 124;

• (g) that steps which the notice requires under section 123(3)(a) would not serve the purpose of restoring the character of the building;

• (h) that steps which the notice requires for any of the purposes set out in section 123(3) exceed what is necessary for the purpose in question;

• (i) that the period within which the notice requires any step to be taken is unreasonably short.

• (3) An appeal must be made by—

• (a) serving a notice of appeal on the Welsh Ministers before the date specified in the enforcement notice as the date on which it is to take effect,

• (b) sending a notice of appeal to the Welsh Ministers in a properly addressed and pre-paid letter posted to them at a time when, in the ordinary course of post, it would be delivered to them before that date, or

• (c) sending a notice of appeal to the Welsh Ministers using electronic communications at a time when, in the ordinary course of transmission, it would be delivered to them before that date.

• (4) Where an appeal is made—

• (a) the enforcement notice has no effect until the appeal is finally determined or withdrawn; but this is subject to any order under section 184(5);

• (b) neither the appellant nor any other person is entitled, in any other proceedings started after the making of the appeal, to claim that the enforcement notice was not served on the appellant in accordance with section 124.

• (5) An appellant must submit to the Welsh Ministers a statement in writing containing information required by regulations made by the Welsh Ministers.

• (6) The appellant must submit the statement either—

• (a) with the notice of appeal, or

• (b) within the period specified in regulations made by the Welsh Ministers.

• (7) Where an appeal is made on more than one ground, if the appellant fails to give information required under subsection (5) in relation to a ground within the period specified under subsection (6)(b), the Welsh Ministers may determine the appeal without considering that ground.

• (8) Chapter 2 of Part 5 makes provision about the procedure for the consideration of appeals under this section (including provision for them to be determined by persons appointed by the Welsh Ministers).

Determination of appeal

128

• (1) On an appeal under section 127, the Welsh Ministers may—

• (a) correct any defect, error or misdescription in the enforcement notice to which the appeal relates, or

• (b) vary the terms of the notice,

if they are satisfied that the correction or variation will not cause injustice to the appellant or the planning authority.

• (2) Where the Welsh Ministers determine an appeal—

• (a) if they allow the appeal, they may quash the enforcement notice;

• (b) they must give any directions necessary to give effect to their determination.

• (3) On the determination of an appeal the Welsh Ministers may—

• (a) grant listed building consent for any of the works to which the enforcement notice relates;

• (b) remove any condition subject to which listed building consent was granted and replace it with any other condition, whether more or less onerous;

• (c) exercise their power under section 76 to de-list the building to which the appeal relates.

• (4) Where it would otherwise be a ground for determining to allow an appeal that a copy of the enforcement notice was not served on a person who was required to be served, the Welsh Ministers may ignore that fact if neither the appellant nor that person has been substantially prejudiced by the failure.

• (5) The Welsh Ministers may—

• (a) dismiss an appeal if the appellant fails to comply with section 127(6);

• (b) allow an appeal and quash the enforcement notice if the planning authority fails, within the period specified in regulations made under section 175, to comply with a requirement of the regulations to—

• (i) submit a statement of the representations the authority proposes to make on the appeal which includes the matters specified in the regulations, or

• (ii) send the Welsh Ministers a copy of the enforcement notice and a list of the persons on whom copies of it were served.

• (6) The decision of the Welsh Ministers on the appeal (including any decision relating to the exercise of the powers conferred by subsection (3)) is final.

Grounds for appeal not to be raised in other proceedings

129

The validity of an enforcement notice may not be questioned, on any of the grounds on which an appeal may be made under section 127, in any proceedings except an appeal under that section.

Compliance with enforcement notices

Order to permit steps required by enforcement notice

130

• (1) An owner of land may apply by way of complaint to a magistrates’ court for an order requiring another person who has an interest in the land to permit the owner to take steps required by an enforcement notice.

• (2) The court may make such an order if it is satisfied that the other person is preventing the owner from taking steps required by the enforcement notice.

Power to enter land and take steps required by enforcement notice

131

• (1) If the period within which an enforcement notice requires any step to be taken has ended and the step has not been taken, the planning authority that issued the notice may at any reasonable time enter the land to which the notice relates and take the step.

• (2) A person who intentionally obstructs a person exercising a power under subsection (1) commits an offence.

• (3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4) This section does not apply in relation to Crown land.

Recovery of costs of compliance with enforcement notice

132

• (1) Where a planning authority exercises the powers under section 131(1) to enter land and take a step required by an enforcement notice, the authority may recover from a person who is then an owner of the land the costs it reasonably incurs in doing so.

• (2) If a planning authority seeks to recover costs under subsection (1) from an owner of land who—

• (a) is entitled to receive the rack rent of the land merely as agent or trustee for another person (the “principal”), and

• (b) does not have, and has not had at any time since the day payment of the costs was demanded, enough money on behalf of the principal to pay the costs in full,

the liability of the agent or trustee is limited to the total amount of money that the agent or trustee has had on behalf of the principal since that day.

• (3) If subsection (2) prevents a planning authority recovering the whole of its costs from an agent or trustee, it may recover them from the principal, or partly from the principal and partly from the agent or trustee.

• (4) Where a copy of an enforcement notice has been served in respect of a listed building—

• (a) costs which an owner or occupier of the building incurs for the purpose of complying with the notice, and

• (b) amounts which an owner of land pays under subsection (1) in respect of costs incurred by the planning authority in taking steps required by the notice,

are to be treated as incurred or paid for the use and at the request of the person who carried out the works to which the notice relates.

• (5) The costs recoverable by a planning authority under subsection (1) are, until recovered, a charge on the land to which the enforcement notice relates.

• (6) The charge takes effect as a local land charge at the beginning of the day after the day the authority completes the step to which the costs relate.

• (7) Subsection (8) applies where—

• (a) a planning authority removes materials from land in the course of taking steps required by an enforcement notice, and

• (b) the owner of the materials does not, within 3 days after the day they are removed, claim the materials and take them away.

• (8) The planning authority—

• (a) may sell the materials, and

• (b) if it does so, must pay the proceeds to the person who owned the materials, after deducting any costs recoverable by it from the person.

• (9) A planning authority may not recover costs under this section from the Crown.

Offence of failing to comply with enforcement notice

133

• (1) Where, at any time after the end of the period within which an enforcement notice requires any step to be taken, the step has not been taken, a person who is at that time an owner of the listed building to which the notice relates is guilty of an offence.

• (2) A person may be charged with an offence under this section by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same enforcement notice by reference to different periods.

• (3) In proceedings against a person for an offence under this section, it is a defence for the person to prove—

• (a) that the person did everything the person could be expected to do to secure that the steps required by the notice were taken, or

• (b) that the person was not served with a copy of the enforcement notice and was not aware of its existence.

• (4) A person guilty of an offence under this section is liable on summary conviction, or on conviction on indictment, to a fine.

• (5) In determining the amount of the fine, the court must in particular have regard to any financial benefit which has accrued or appears likely to accrue to the person in consequence of the offence.

Enforcement notices issued by Welsh Ministers

Power of Welsh Ministers to issue enforcement notice

134

• (1) The Welsh Ministers may issue an enforcement notice if they consider—

• (a) that works which involve a breach of section 88 (requirement for works to be authorised) or of a condition subject to which listed building consent has been granted have been or are being carried out in relation to a listed building, and

• (b) that it is appropriate to issue the notice, having regard to the effect of the works on the character of the building as a building of special architectural or historic interest.

• (2) Before issuing the notice, the Welsh Ministers must consult the planning authority in whose area the building is situated.

• (3) An enforcement notice issued by the Welsh Ministers has the same effect as one issued by a planning authority.

• (4) Sections 123 to 132 apply in relation to an enforcement notice issued by the Welsh Ministers as if references to a planning authority were references to the Welsh Ministers.

Injunctions

Injunction to restrain unauthorised works or failure to comply with condition of consent

135

• (1) A planning authority may apply to the High Court or the county court for an injunction restraining—

• (a) an actual or expected breach of section 88 (requirement for works to be authorised) in relation to a listed building in its area, or

• (b) an actual or expected failure to comply with a condition of listed building consent for works to a listed building in its area.

• (2) An authority may make an application whether or not it has exercised or is proposing to exercise any of its other powers under this Part.

• (3) The court may grant an injunction on any terms it considers appropriate for the purpose of restraining the breach.

• (4) Rules of court may provide for an injunction to be issued against a person whose identity is unknown.

• (5) An injunction may not be issued under this section against the Crown.

CHAPTER 5 — ACQUISITION AND PRESERVATION OF BUILDINGS OF SPECIAL INTEREST

Acquisition by agreement of buildings of special interest

Power of planning authority to acquire building by agreement

136

• (1) A planning authority may acquire by agreement—

• (a) any building wholly or mainly in Wales that it considers to be of special architectural or historic interest, and

• (b) any land in respect of which the conditions in subsection (2) are met.

• (2) The conditions are that—

• (a) the land includes, adjoins or is adjacent to the building, and

• (b) the planning authority considers that the land is required—

• (i) for preserving the building or its amenities,

• (ii) for providing or facilitating access to it, or

• (iii) for its proper control or management.

• (3) Part 1 of the Compulsory Purchase Act 1965 (c. 56) applies (so far as relevant) to an acquisition under this section, other than sections 4 to 8, section 10 and section 31 of that Act.

• (4) References in that Part to the execution of the works are to be read in relation to an acquisition under this section as including the carrying out of building or maintenance work authorised by section 203 of the Housing and Planning Act 2016 (c. 22) (power to override easements and other rights).

Compulsory acquisition of listed buildings in need of repair

Powers to acquire listed building compulsorily for purpose of preservation

137

• (1) This section applies if the Welsh Ministers—

• (a) consider that reasonable steps are not being taken for properly preserving a listed building, and

• (b) are satisfied that there is a compelling case in the public interest for the building to be acquired compulsorily for the purpose of preserving it.

• (2) The Welsh Ministers—

• (a) may authorise the planning authority in whose area the listed building is situated to acquire compulsorily the building and any land in respect of which the conditions in subsection (3) are met, or

• (b) may themselves acquire the building and land compulsorily.

• (3) The conditions are that—

• (a) the land includes, adjoins or is adjacent to the building, and

• (b) the Welsh Ministers consider that the land is required—

• (i) for preserving the building or its amenities,

• (ii) for providing or facilitating access to it, or

• (iii) for its proper control or management.

• (4) This section does not permit the acquisition of—

• (a) a building which is a scheduled monument (but see section 43), or

• (b) an exempt religious building.

• (5) This section does not permit the acquisition of an interest in Crown land unless—

• (a) the interest is held otherwise than by or on behalf of the Crown, and

• (b) the appropriate Crown authority agrees to the acquisition.

• (6) The Acquisition of Land Act 1981 (c. 67) applies to an acquisition under this section.

• (7) In this Chapter “acquiring authority” means—

• (a) in the case of an acquisition or proposed acquisition under subsection (2)(a), the planning authority that acquires or proposes to acquire the listed building or land;

• (b) in the case of an acquisition or proposed acquisition under subsection (2)(b), the Welsh Ministers.

Requirement to serve repairs notice before starting compulsory acquisition

138

• (1) An acquiring authority may not start the compulsory acquisition of a listed building under section 137 unless—

• (a) the authority has served a repairs notice on every owner of the building,

• (b) the 2 months beginning with the day the repairs notice was served have ended, and

• (c) the repairs notice has not been withdrawn.

• (2) A repairs notice is a notice—

• (a) specifying the works the authority considers reasonably necessary for the proper preservation of the listed building, and

• (b) explaining the effect of sections 137 to 141 of this Act and section 49 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (assumption about listed building consent when assessing compensation for compulsory acquisition).

• (3) If—

• (a) a listed building is demolished after a repairs notice has been served in respect of it, but

• (b) the Welsh Ministers are satisfied that they would have confirmed or made a compulsory purchase order in respect of the building had it not been demolished,

the demolition of the building does not prevent the compulsory acquisition of the site of the building under section 137.

• (4) An acquiring authority may at any time withdraw a repairs notice it has served on any person; and if it does do so, it must immediately give the person notice of the withdrawal.

• (5) For the purposes of subsection (1) an acquiring authority starts a compulsory acquisition when it serves the notice required by section 12 of the Acquisition of Land Act 1981 (c. 67) or paragraph 3(1) of Schedule 1 to that Act.

Application to stop compulsory acquisition

139

• (1) This section applies where a compulsory purchase order for the acquisition of a listed building under section 137 is made by a planning authority or prepared in draft by the Welsh Ministers.

• (2) Any person who has an interest in the listed building may apply to a magistrates’ court for an order that no further steps may be taken in relation to the compulsory purchase order.

• (3) The application must be made within 28 days after the day the notice required by section 12 of the Acquisition of Land Act 1981 (c. 67) or paragraph 3(1) of Schedule 1 to that Act is served.

• (4) If the magistrates’ court is satisfied that reasonable steps have been taken for properly preserving the listed building, it must make the order applied for.

• (5) Any person aggrieved by the decision of the magistrates’ court on the application may appeal against the decision to the Crown Court.

Direction for minimum compensation where building deliberately allowed to fall into disrepair

140

• (1) A compulsory purchase order for the acquisition of a listed building under section 137 may include a direction for minimum compensation if the acquiring authority is satisfied that the building has been deliberately allowed to fall into disrepair for the purpose of justifying its demolition and the development of the site or any adjoining site.

• (2) A direction for minimum compensation is a direction that, in assessing compensation for the compulsory acquisition of the listed building, it is to be assumed—

• (a) that planning permission would not be granted for any development of the site of the building, and

• (b) that listed building consent would not be granted for any works for the demolition, alteration or extension of the building other than works necessary for restoring it to and maintaining it in a proper state of repair.