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Historic Environment (Wales) Act 2023

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This is the original version (as it was originally enacted).

119Power of planning authority to issue temporary stop notice
This section has no associated Explanatory Notes

(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),

(c)set out the authority’s reasons for issuing the notice, and

(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

(c)to have an interest in the building.

(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.

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