Legalize / United Kingdom / Wales / Act of Senedd Cymru

Historic Environment (Wales) Act 2023

Type Act of Senedd Cymru

Publication 2023-06-14

Last updated 2025-12-15

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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owner serves a further purchase notice relating to the same decision or order, the earlier notice is to be treated as withdrawn unless the later notice states that the owner does not intend to withdraw it.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(i) in the case of an acquisition by a planning authority, when the compulsory purchase order is withdrawn or the Welsh Ministers decide not to confirm it;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;

(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;

(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;

(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

(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

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,

(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);

(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),

(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

(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,

(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).

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;

(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;

(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

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

(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.

(3) Where a direction for minimum compensation is included in an order made by a planning authority or prepared in draft by the Welsh Ministers, the statement of the effect of the order in 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 must—

(a) include a statement that the direction has been included, and

(b) explain the effect of the direction.

(4) If the Welsh Ministers confirm or make a compulsory purchase order which includes a direction for minimum compensation, the compensation for the compulsory acquisition is to be assessed in accordance with the direction, despite anything to the contrary in—

(a) the Land Compensation Act 1961 (c. 33),

(b) the Town and Country Planning Act 1990 (c. 8),

(d) this Act.

Application for removal of direction for minimum compensation

141

(1) This section applies where a direction for minimum compensation is included in a compulsory purchase order for the acquisition of a listed building under section 137 that 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 direction for minimum compensation is to be included in the compulsory purchase order as confirmed or made by the Welsh Ministers.

(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 the listed building has not been deliberately allowed to fall into disrepair for the purpose mentioned in section 140(1), 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.

(6) The rights conferred by this section are in addition to, and do not limit, the rights conferred by section 139.

Ending of rights over land acquired compulsorily

142

(1) On the completion of a compulsory acquisition of land under section 137—

(a) all private rights of way over the land are extinguished,

(b) all rights to install, keep or maintain apparatus on, under or over the land are extinguished, and

(2) Subsection (1) does not apply to—

(a) any right to which a statutory undertaker is entitled, or apparatus belonging to a statutory undertaker, for the purpose of carrying on its undertaking,

(b) any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, or any electronic communications apparatus installed for the purposes of such a network, or

(c) any right or apparatus specified by the acquiring authority in a direction given before the completion of the acquisition.

(3) Subsection (1) is also subject to any agreement (whether made before or after the completion of the acquisition) between the acquiring authority and the person who is entitled to the right or to whom the apparatus belongs.

(4) Any person who suffers loss by the extinguishment of a right or the transfer of apparatus under this section is entitled to be paid compensation by the acquiring authority.

(5) Compensation under this section is to be determined in accordance with the Land Compensation Act 1961 (c. 33).

(6) In subsection (2)(b)—

“electronic communications code” (“cod cyfathrebu electronig”) means the code set out in Schedule 3A to the Communications Act 2003 (c. 21);

“operator” (“gweithredwr”), “electronic communications code network” (“rhwydwaith cod cyfathrebu electronig”) and “electronic communications apparatus” (“cyfarpar cyfathrebu electronig”) have the meanings given by paragraph 1(1) of Schedule 17 to the Communications Act 2003.

Management, use and disposal of buildings

Management, use and disposal of building acquired under this Chapter

143

(1) Where a planning authority acquires a building or other land under this Chapter, it may make any arrangements for the management, use or disposal of the building or land that it considers appropriate for the purpose of preserving the building or land.

(2) For further provision about the use of land that a planning authority acquires by agreement under section 136, see sections 232, 233 and 235 (appropriation, disposal and development), 242 (overriding rights of possession) and 243 (joint body to hold land) of the Town and Country Planning Act 1990 (c. 8).

(3) Where the Welsh Ministers acquire a building or other land under section 137, they may—

(a) make any arrangements they consider appropriate for the management, custody or use of the building or land, and

(b) dispose of the building or land, or deal with the building or land in any other way.

(4) For provision removing restrictions on the use of certain types of land acquired under this Chapter, see sections 238 to 240 (consecrated land and burial grounds) and 241 (commons, open spaces and fuel or field garden allotments) of the Town and Country Planning Act 1990.

Urgent preservation of listed buildings

Urgent works to preserve listed building

144

(1) A local authority may carry out any works it considers urgently necessary for the preservation of a listed building in its area.

(2) The Welsh Ministers may carry out any works they consider urgently necessary for the preservation of any listed building.

(3) The works that may be carried out under this section include works to provide temporary support or shelter for the listed building.

(4) If the listed building or any part of it is in residential use, works may be carried out under this section only if they would not interfere unreasonably with that use.

(5) At least 7 clear days’ written notice of the intention to carry out works under this section must be given—

(a) to every owner of the listed building, and

(b) if the building or any part of it is in residential use, every occupier of the building.

(6) The notice must describe the works proposed to be carried out.

(7) Works may not be carried out under this section in relation to—

(a) a building which is a scheduled monument (but see section 61),

(b) an exempt religious building, or

Power to require owner to meet costs of preservation works

145

(1) Where works for the preservation of a listed building have been carried out by a local authority or the Welsh Ministers under section 144, the local authority or (as the case may be) the Welsh Ministers may serve notice on any owner of the listed building requiring the owner to meet the costs of the works.

(2) Where the works consist of or include works to provide temporary support or shelter for the listed building—

(a) the costs that may be recovered include any continuing expenditure involved in making available the equipment or materials used, and

(b) notices under subsection (1) may be given from time to time in respect of that continuing expenditure.

(3) Subsection (4) applies if, within 28 days after the day a notice under subsection (1) is served, the owner complains in writing to the Welsh Ministers—

(a) that some or all of the works were unnecessary for the preservation of the listed building,

(b) in the case of works to provide temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time,

(d) that the recovery of that amount would cause hardship to the owner.

(4) The Welsh Ministers must—

(a) determine to what extent the owner’s complaint is well-founded, and

(b) serve notice of their determination on—

(i) the owner, and

(ii) if the notice under subsection (1) was given by a local authority, that authority.

(5) The notice of the Welsh Ministers’ determination must state—

(a) the reasons for the determination, and

(b) the amount that they have decided may be recovered.

(6) An owner or local authority on whom notice is served under subsection (4)(b) may, within 28 days after the day the notice is served, appeal to the county court against the Welsh Ministers’ decision.

Further provision about recovery of costs of preservation works

146

(1) The costs which a local authority or the Welsh Ministers may recover under section 145 carry interest, at the rate specified in regulations made by the Welsh Ministers, from the time when the notice under subsection (1) of that section becomes operative until all of the amounts due under that section are recovered.

(2) The costs and any interest are recoverable by the local authority or (as the case may be) the Welsh Ministers as a debt.

(3) The costs and any interest are, from the time when the notice under section 145(1) becomes operative until they are recovered, a charge on the land on which the listed building in question is situated.

(4) The charge takes effect, at the time when the notice becomes operative, as a legal charge which is a local land charge.

(5) For the purpose of enforcing the charge, the local authority or (as the case may be) the Welsh Ministers have the same powers and remedies under the Law of Property Act 1925 (c. 20) and otherwise as if they were a mortgagee by deed with powers to sell the land, make leases, accept surrenders of leases and appoint a receiver.

(6) The power to appoint a receiver is exercisable at any time after the end of 1 month beginning with the day the charge takes effect.

(7) For the purposes of this section a notice under section 145(1) becomes operative—

(a) where no complaint is made to the Welsh Ministers within the period referred to in section 145(3), at the end of that period;

(b) where a complaint is made but no appeal is made to the county court within the period referred to in section 145(6), at the end of that period;

(c) where an appeal is made and the decision on the appeal confirms the Welsh Ministers’ determination under section 145(4) (with or without variation), at the time of the decision;

(d) where an appeal is made but is withdrawn, at the time of the withdrawal.

Further provision about preservation of listed buildings

Grant or loan by local authority for repair or maintenance of building

147

(1) The Welsh Ministers may by regulations make provision for and in connection with conferring powers on local authorities or the Welsh Ministers to take steps to secure the proper preservation of listed buildings which have fallen into disrepair.

(2) The regulations may, in particular, provide for—

(a) notices requiring owners of listed buildings which have fallen into disrepair to carry out works to secure their proper preservation (“preservation notices”);

(b) appeals against preservation notices;

(3) Regulations under this section—

(a) may disapply, or apply or reproduce with or without modifications, any provision of this Part or Part 5 or 7;

(b) may amend this Part or those Parts.

(4) Regulations under this section may not make any provision that binds the Crown.

Finance for repair and maintenance of buildings of special interest etc.

Grant or loan by local authority for repair or maintenance of building

148

(1) A relevant local authority may contribute towards any expenditure incurred, or to be incurred, in the repair or maintenance of—

(a) a listed building which is situated in or in the vicinity of the authority’s area, or

(b) a building in the authority’s area which is not a listed building but which the authority considers to be of special architectural or historic interest.

(2) At the same time as making such a contribution, the authority may also contribute towards any expenditure incurred, or to be incurred, in the maintenance of any garden which—

(a) is occupied with the building, and

(b) adjoins or is adjacent to it.

(3) A contribution under this section may be made by grant or loan.

(4) A relevant local authority may make a loan under this section on any terms and conditions that it determines, which may for example include a term that the loan is free of interest.

(5) A relevant local authority—

(a) may renounce its right to repayment of a loan or any outstanding interest, and

(b) may agree with the borrower to vary any of the terms and conditions of a loan.

(6) A relevant local authority may make a grant under this section subject to any conditions it considers appropriate, which may for example include a condition that the recipient of the grant must make an agreement with the authority for the purpose of securing public access to all or part of the building or garden to which the grant relates.

(7) In this section and section 149, “relevant local authority” means—

(a) a county council or county borough council in Wales;

(b) a National Park authority in Wales;

Recovery of grant made by local authority

149

(1) This section applies where a relevant local authority makes a grant under section 148.

(2) If any condition imposed on the making of the grant is not complied with, the authority may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(3) Subsections (4) and (5) apply if, during the 3 years beginning with the day the grant is made—

(a) there is a disposal of the whole or part of the interest that the recipient of the grant held in the building or garden to which the grant relates on the day the grant was made (“the relevant interest”), and

(b) the disposal is made by sale, by exchange or by lease for a term of at least 21 years.

(4) If the disposal is made by the recipient of the grant or by a person to whom the recipient of the grant has given part of the relevant interest, the relevant local authority may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(5) If the disposal is made by a person to whom the recipient of the grant has given the whole of the relevant interest, the authority may recover the amount of the grant, or any part of that amount, from the person to whom the gift was made.

(6) A relevant local authority may not recover amounts under this section which in aggregate exceed the amount of the grant.

(7) In this section references to giving an interest to a person are references to giving it to the person directly or indirectly, other than on the death of the holder of the interest.

Grant by Welsh Ministers for repair or maintenance of building, garden etc.

150

(1) The Welsh Ministers may make grants to meet any expenditure incurred, or to be incurred, in—

(a) the repair or maintenance of a building which they consider to be of special architectural or historic interest,

(b) the maintenance of any land which includes, adjoins or is adjacent to such a building,

(d) the maintenance of a garden or other land which they consider to be of special historic interest.

(2) The following provisions of this section apply where—

(a) the Welsh Ministers make a grant under subsection (1) on terms which provide for it to be recoverable under this section, and

(b) before or on making the grant the Welsh Ministers give notice in writing to the recipient of the grant which—

(i) summarises the effect of this section, and

(ii) specifies a period, beginning with the day the grant is made and ending not more than 10 years after that day, during which the grant is to be recoverable in accordance with subsections (4) to (6) (“the recovery period”).

(3) If any condition imposed on the making of the grant is not complied with, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(4) Subsections (5) and (6) apply if during the recovery period—

(a) there is a disposal of the whole or part of the interest that the recipient of the grant held in the building, land or objects to which the grant relates on the day the grant was made (“the relevant interest”), and

(b) the disposal is made by sale, by exchange or by lease for a term of at least 21 years.

(5) If the disposal is made by the recipient of the grant or by a person to whom the recipient of the grant has given a part of the relevant interest, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(6) If the disposal is made by a person to whom the recipient of the grant has given the whole of the relevant interest, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the person to whom the gift was made.

(7) The Welsh Ministers may not recover amounts under this section which in aggregate exceed the amount of the grant.

(8) In this section references to giving an interest to a person are references to giving it to the person directly or indirectly, other than on the death of the holder of the interest.

Acceptance by Welsh Ministers of endowment for upkeep of building

151

(1) This section applies where—

(a) an instrument contains a provision purporting to be a gift of property of any kind to the Welsh Ministers on trust to use the income of the property (either for a limited time or indefinitely) for or towards the repair and maintenance of a relevant building, or of a relevant building together with other property,

(b) the provision does not create a charitable trust, and

(2) In this section—

“endowment trust” (“ymddiriedolaeth waddol”) means the trust referred to in subsection (1)(a);

“relevant building” (“adeilad perthnasol”) means—a building which the Welsh Ministers consider to be of special architectural or historic interest and—in which, at the time when the trust instrument comes into operation, they are or soon will be entitled to an interest, orwhich at that time is or soon will be under their control or management, ora building which at that time is or soon will be under their guardianship under Chapter 6 of Part 2;

“trust fund” (“cronfa’r ymddiriedolaeth”) means the property given to the Welsh Ministers and any property for the time being representing that property.

(3) The validity of the gift and of the endowment trust is not affected, and is to be treated as never having been affected, by any rule of law or equity which would not have affected their validity if the trust had been charitable.

(4) While the endowment trust continues the Welsh Ministers have the same powers of management, disposition and investment in relation to the trust fund as are conferred by law on trustees of land in relation to the land and the proceeds of its sale.

(5) The powers conferred by subsection (4) are in addition to, and do not limit, any powers conferred on the Welsh Ministers by the trust instrument.

(6) If, while the endowment trust continues, an event happens—

(a) which has the immediate effect that the Welsh Ministers are not entitled to any interest in the building to which the trust relates and do not have the building under their control or management, and

(b) which would not otherwise cause the endowment trust to come to an end or be treated as having failed,

on the happening of that event the endowment trust comes to an end and the trust fund passes as it would on a failure of the trust.

(7) Subsection (8) applies if the trust instrument contains a provision purporting to give the trust fund, or to direct the trust fund to be held, on trust for charitable purposes if the endowment trust fails or comes to an end.

(8) The validity of the gift or direction is not, and is to be treated as never having been, affected by any rule of law or equity relating to perpetuities.

(9) In subsection (4) “trustees of land” has the same meaning as in the Trusts of Land and Appointment of Trustees Act 1996 (c. 47) (see section 1(1) of that Act).

CHAPTER 6 — GENERAL

Powers of entry

Powers to enter land

152

(1) A person authorised in writing by the Welsh Ministers may enter any land to survey a building on that land or on any other land in connection with a proposal to list or de-list the building.

(2) A person authorised in writing by a planning authority may enter any land to survey a building on that land or on any other land in connection with a proposal to serve a temporary listing notice in relation to the building.

(3) A person authorised in writing by a planning authority or the Welsh Ministers may enter any land to—

(a) survey that land or any other land in connection with a proposal to make an order under section 107 (modification or revocation of listed building consent or conservation area consent),

(b) survey that land or any other land in connection with a proposal to make an order under section 115 (termination of listed building partnership agreement or provision of agreement), or

(4) A person authorised in writing by a planning authority may enter any land to—

(a) determine whether a temporary stop notice should be issued,

(b) display a copy of a temporary stop notice in accordance with section 119, or

(5) A person authorised in writing by a planning authority or the Welsh Ministers may enter any land to—

(a) survey that land or any other land in connection with a proposal to issue an enforcement notice,

(b) assess whether an enforcement notice has been complied with,

(d) survey that land or any other land in connection with a proposal to serve a repairs notice under section 138, or

(e) assess whether a repairs notice has been complied with.

(6) A person authorised in writing by a local authority or the Welsh Ministers may enter any land to—

(a) determine whether works should be carried out under section 144 for the preservation of a building on that land or on any other land, or

(b) carry out works under that section for the preservation of a building on that land or on any other land.

(7) An authorised person may enter any land to survey it, or estimate its value, in connection with a claim for compensation payable by a planning authority or the Welsh Ministers under this Part in relation to that land or any other land.

(8) In subsection (7) “authorised person” means—

(a) an officer of the Valuation Office of His Majesty’s Revenue and Customs, or

(b) a person authorised in writing by the planning authority or the Welsh Ministers (as the case may be).

(9) A power to survey land under this section includes power to search and bore to determine the nature of the subsoil or the presence of minerals.

Exercise of power to enter land without warrant

153

(1) A power to enter land under section 152 may be exercised at any reasonable time.

(2) A person authorised to enter land under section 152 may not demand admission as of right to any land which is occupied unless at least 24 hours’ notice of the intended entry has been given to every occupier.

(3) Subsection (2) does not apply to the power to enter land under section 152(4) (temporary stop notices).

(4) A person authorised to enter land under section 152—

(a) must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land;

(b) may take on to the land any other persons that are necessary;

(c) must, if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

(5) Where a person—

(a) proposes to carry out works in the exercise of a power of entry under section 152, and

(b) is required to give notice of the intended entry under subsection (2) of this section,

the person may not carry out the works unless the notice of intended entry includes notice of the person’s intention to carry them out.

(6) Where—

(a) a person proposes to carry out works in the exercise of a power of entry under section 152 on land which belongs to a statutory undertaker, and

(b) the undertaker objects to the proposed works on the ground that carrying them out would be seriously detrimental to the carrying on of its undertaking,

the person may not carry out the works without the agreement of the appropriate Minister.

(7) A person may not enter Crown land in the exercise of a power under section 152 without the agreement of—

(a) a person who appears to the person seeking entry to the land to be entitled to give that agreement, or

(b) the appropriate Crown authority.

(8) Subsections (2) to (6) do not apply to anything done by virtue of subsection (7).

(9) In subsection (6) “appropriate Minister” has the meaning given by section 265 of the Town and Country Planning Act 1990 (c. 8).

Warrant to enter land

154

(1) This section applies if a justice of the peace is satisfied on sworn information in writing—

(a) that there are reasonable grounds for entering land for a purpose mentioned in section 152, and

(b) that—

(i) admission to the land has been refused or a refusal is reasonably expected, or

(ii) the case is one of urgency.

(2) The justice of the peace may issue a warrant conferring a power to enter the land on any person who is authorised in writing by a person who may authorise entry under section 152 for the purpose in question.

(3) For the purposes of subsection (1)(b) admission to land is to be treated as having been refused if no reply is received to a request for admission within a reasonable period.

(4) Section 152(9) applies to a power to survey land conferred by a warrant under this section.

(5) A warrant under this section confers a power to enter land—

(a) on one occasion only, and

(b) only at a reasonable time, unless the case is one of urgency.

(6) A person authorised to enter land under this section—

(a) must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land,

(b) may take on to the land any other persons that are necessary,

(c) must, if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

(7) A warrant under this section ceases to have effect at the end of 1 month beginning with the day it is issued.

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

Supplementary provision about powers of entry

155

(1) This section applies where a person has a power to enter land conferred by section 152 or by a warrant under section 154.

(2) A person who intentionally obstructs a person exercising the power of entry 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) If damage is caused to land or other property—

(a) in the exercise of the power of entry, or

(b) in making any survey for the purpose of which the power of entry was conferred,

a person suffering the damage may recover compensation from the person who authorised the entry.

(5) A claim for compensation under subsection (4) must be made in writing within 6 months beginning with the day the damage was caused (or if the damage was caused over more than one day, the last day it was caused).

(6) A person commits an offence if the person discloses information which the person obtained in the exercise of the power of entry, and which relates to a manufacturing process or trade secret, for a purpose other than that for which the person was authorised to enter the land.

(7) A person guilty of an offence under subsection (6) is liable—

(a) on summary conviction, to a fine;

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

(8) This section does not apply to anything done by virtue of section 153(7) (entry on Crown land).

Supplementary

Exempt religious buildings

156

(1) The Welsh Ministers may by regulations provide that a religious building used for religious purposes is an exempt religious building for the purposes of—

(a) sections 83 and 84 (temporary listing of building);

(b) section 88 (requirement for works affecting listed building to be authorised);

(d) section 137 (compulsory acquisition of listed building for preservation);

(e) section 144 (urgent works for preservation of listed building).

(2) For the purposes of section 88 a building is to be treated as being used for religious purposes if it would be used for those purposes but for the works in question.

(3) Regulations under this section may—

(a) make provision in relation to religious buildings of a description specified in the regulations (whether by reference to a religious faith or denomination, a use made of the buildings, or any other circumstance) or in relation to a particular building;

(b) make provision in relation to all or part of a religious building;

(c) provide that a building is an exempt religious building only in relation to works of a description specified in the regulations (whether by reference to the extent of the works, the person by whom they are carried out, or any other circumstance);

(d) make different provision for buildings in different areas;

(e) make consequential amendments to any other provision of this Act.

(4) In this section references to a religious building—

(a) include any structure or artificial object that is fixed to a religious building or within its curtilage;

(b) do not include a building used, or available for use, by a minister of religion wholly or mainly as a residence from which to perform the duties of that office.

Interpretation of this Part

157

In this Part—

“enforcement notice” (“hysbysiad gorfodi”) means an enforcement notice issued under section 123 or 134 (as the case may be);

“exempt religious building” (“adeilad crefyddol esempt”) is to be interpreted in accordance with section 156;

“interim protection” (“gwarchodaeth interim”) has the meaning given by section 79(3);

“listing” (“rhestru”) and “de-listing” (“dadrestru”), in relation to a building, have the meanings given by section 76(6);

“local authority” (“awdurdod lleol”) means—a county council or county borough council in Wales;a National Park authority in Wales;a community council;a police and crime commissioner in Wales;a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies;a body in Wales which is a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 (c. 41);a body in Wales to which section 75 of that Act (special levies) applies;a joint board or joint committe‍e, if all the constituent authorities are local authorities within paragraphs (a) to (g);

“temporary listing” (“rhestru dros dro”) has the meaning given by section 83(5);

“temporary stop notice” (“hysbysiad stop dros dro”) means a temporary stop notice issued under section 119;

“Wales” (“Cymru”) means the combined area of the counties and county boroughs in Wales.

PART 4 — CONSERVATION AREAS

Designation of conservation areas

Designating areas of special architectural or historic interest as conservation areas

158

(1) A planning authority must—

(a) from time to time determine which parts of its area are areas of special architectural or historic interest whose character or appearance it is desirable to preserve or enhance, and

(b) designate those parts as conservation areas.

(2) A planning authority may vary or cancel a designation.

(3) If a planning authority designates a conservation area, or varies or cancels a designation, it must give notice that it has done so to the Welsh Ministers.

(4) The notice must contain enough information to identify the area affected.

(5) The planning authority must publish the notice with an explanation of the effect of the designation, variation or cancellation—

(a) in the London Gazette, and

(b) in at least one newspaper circulating in the authority’s area.

(6) A designation under this section is a local land charge.

Duties relating to conservation areas

Fees for appeals

159

(1) A planning authority must from time to time prepare and publish proposals for the preservation and enhancement of any part of its area which is a conservation area.

(2) The authority must submit the proposals for consideration to a public meeting held in the conservation area to which the proposals relate or, where there is no suitable place in the conservation area, as near to it as reasonably practicable.

(3) The authority must have regard to any views about the proposals which are expressed at the meeting.

Exercise of planning functions: general duty relating to conservation areas

160

(1) In exercising a planning function in relation to a building or other land in a conservation area, a person must have special regard to the desirability of preserving or enhancing the character or appearance of that area.

(2) In this section “planning function” means any function under or by virtue of—

(a) Part 3, this Part, Part 5 or Part 7 as it applies for the purposes of any of those Parts,

(b) the Town and Country Planning Act 1990 (c. 8), or

(c) section 70 or 73 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (estate management schemes).

Control of demolition in conservation areas

Requirement for demolition to be authorised

161

(1) A person must not carry out works for the demolition of a building to which this section applies, or cause such works to be carried out, unless the works are authorised under section 162.

(2) This section applies to any building in a conservation area, except—

(a) a building which is a scheduled monument (but see section 11);

(b) a listed building (but see section 88);

(d) a building of a description specified in a direction given to an individual planning authority by the Welsh Ministers.

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