Search Legislation

Historic Environment (Wales) Act 2023

Status:

This is the original version (as it was originally enacted).

109Purchase notice where consent is refused, granted subject to conditions, modified or revoked
This section has no associated Explanatory Notes

(1)This section applies where—

(a)on an application for listed building consent, consent is refused or is granted subject to conditions, or

(b)an order under section 107 modifies or revokes listed building consent.

(2)If an owner of the listed building to which the application or order relates claims—

(a)that the first set of conditions is met in relation to the building, and

(b)that the first and second sets of conditions are met in relation to any associated land,

the owner may serve a purchase notice on the planning authority in whose area the listed building is situated.

(3)A purchase notice is a notice requiring the planning authority to purchase the owner’s interest in the listed building and associated land.

(4)The first set of conditions is—

(a)that the listed building and associated land in respect of which the notice is served are‍ unusable in their existing state,

(b)in a case where listed building consent has been granted‍ subject to conditions or has been modified by the imposition of conditions, that the building and land cannot be made usable by carrying out the works to which the consent relates in accordance with the conditions, and

(c)in any case, that the building and land cannot be made‍ usable by carrying out any other works for which listed building consent has been granted or for which the planning authority or the Welsh Ministers have undertaken to grant listed building consent.

(5)The second set of conditions is—

(a)that the use of the associated land is substantially inseparable from the use of the listed building, and

(b)that the associated land ought to be treated, together with the building, as a single holding.

(6)In this section and Schedule 9—

  • associated land” (“tir cysylltiedig”), in relation to a listed building, means land which—

    (a)

    includes, adjoins or is adjacent to the building, and

    (b)

    is owned with the building;

  • usable” (“defnyddiadwy”), in relation to a listed building or associated land, means capable of reasonably beneficial use.

(7)In determining whether a listed building and associated land are‍ usable in their existing state, a prospective use of the building or land must be ignored if it would involve—

(a)carrying out works requiring listed building consent which has not been granted and which neither a planning authority nor the Welsh Ministers have undertaken to grant, or

(b)carrying out development for which planning permission has not been granted and for which neither a planning authority nor the Welsh Ministers have undertaken to grant permission.

(8)A listed building is not‍ unusable in its existing state if—

(a)the existing state of the building was caused by 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)the building could be made‍ usable by taking steps that are or could be required by an enforcement notice under section 123.‍

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of Senedd Cymru.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources