Historic Environment (Wales) Act 2023

(introduced by section 161(5))

SCHEDULE 11 EFFECT OF SECTION 161 CEASING TO APPLY TO BUILDING

Introduction

1 This Schedule applies where a building ceases to be a building to which section 161 applies.

Criminal liability

2 The fact that the building ceases to be a building to which section 161 applies does not affect the liability of any person to be prosecuted and punished for an offence‍ under this Act committed while section 161 applied to it.

Conservation area consent

3 Any proceedings on or arising out of an application for conservation area consent relating to the building lapse; and any such consent ceases to have effect.

Temporary stop notices

4 Any temporary stop notice relating to the building ceases to have effect.

Enforcement notices

5 (1) Any enforcement notice relating to the building ceases to have effect.

(2) Any proceedings on an appeal against such a notice lapse.

(3) Despite sub-paragraph (1), section 132(1) to (6) (as applied by section 163) continue to have effect in relation to—

(a) any expenses incurred by a planning authority or the Welsh Ministers, or by an owner or occupier, as mentioned in that section, and

(b) any amounts paid on account of those expenses.

Injunctions

6 Any proceedings on an application for an injunction under section 135 (as applied by section 163) relating to the building lapse.