Historic Environment (Wales) Act 2023 (asc3)

Prospective

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

CHAPTER 5 E+W ACQUISITION AND PRESERVATION OF BUILDINGS OF SPECIAL INTEREST

Compulsory acquisition of listed buildings in need of repair E+W

139 Application to stop compulsory acquisition E+W

(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.

Commencement Information

I1 S. 139 not in force at Royal Assent, see s. 212(2)