Historic Environment (Wales) Act 2023 (asc3)

Prospective

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

CHAPTER 4 E+W ENFORCEMENT OF CONTROLS RELATING TO LISTED BUILDINGS

Injunctions E+W

135 Injunction to restrain unauthorised works or failure to comply with condition of consent E+W

(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.

Commencement Information

I1 S. 135 not in force at Royal Assent, see s. 212(2)