Historic Environment (Wales) Act 2023 (asc3)

Prospective

PART 3 E+W BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

CHAPTER 2 E+W CONTROL OF WORKS AFFECTING LISTED BUILDINGS

Right of owner of listed building to require purchase of interest E+W

111 Further provision about service of purchase notice E+W

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owner serves a further purchase notice relating to the same decision or order, the earlier notice is to be treated as withdrawn unless the later notice states that the owner does not intend to withdraw it.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

Commencement Information

I1 S. 111 not in force at Royal Assent, see s. 212(2)