Historic Environment (Wales) Act 2023

Action to be taken by Welsh Ministers on rejection of purchase notice by planning authority E+W

2 (1) This paragraph applies where a copy of a purchase notice is sent to the Welsh Ministers under paragraph 1(6).

(2) The Welsh Ministers must confirm the purchase notice if they are satisfied—

(a) that the sets of conditions in section 109 are met in relation to the land to which the notice relates, and

(b) that the land to which the notice relates includes all of the land adjoining or adjacent to the listed building that they consider is required—

(i) for preserving the building or its amenities,

(ii) for providing or facilitating access to it, or

(iii) for its proper control or management,

but this is subject to the following provisions.

(3) If the Welsh Ministers are satisfied that the sets of conditions in section 109 are met only in relation to part of the land, they must confirm the notice only in relation to that part.

(4) Instead of confirming the purchase notice, the Welsh Ministers may—

(a) in the case of a notice served in consequence of a refusal of listed building consent for any works, grant listed building consent for the works;

(b) in the case of a notice served in consequence of a grant of listed building consent for any works subject to conditions, vary or remove the conditions so far as they consider necessary to enable the land to which the notice relates to be made‍ usable by carrying out the works;

(c) in the case of a notice served in consequence of an order under section 107 revoking listed building consent, revoke the order;

(d) in the case of a notice served in consequence of an order under that section modifying listed building consent for any works by imposing conditions, vary or remove the conditions so far as they consider necessary to enable the land to which the notice relates to be made‍ usable by carrying out the works.

(5) Sub-paragraph (6) applies if the Welsh Ministers consider that the land to which the notice relates, or any part of it, could be made‍ usable within a reasonable time by carrying out—

(a) any other works for which listed building consent ought to be granted, or

(b) any development for which planning permission ought to be granted.

(6) Instead of confirming the purchase notice in relation to the land or that part of it, the Welsh Ministers may direct that, if an application is made for listed building consent for those works, or for planning permission for that development, it must be granted.

(7) In confirming a purchase notice the Welsh Ministers may, if they consider it appropriate having regard to the probable ultimate use of the land to which the notice relates, modify the notice in relation to all or any part of the land by substituting another local authority or statutory undertaker for the planning authority on which the notice was served.

(8) If the Welsh Ministers are not satisfied as mentioned in sub-paragraph (2) in relation to a purchase notice, they must refuse to confirm the notice.

(9) In this paragraph references to the land to which a purchase notice relates are to the listed building and associated land (if any) in respect of which the notice is served.

Commencement Information

I1 Sch. 9 para. 2 not in force at Royal Assent, see s. 212(2)

I2 Sch. 9 para. 2 in force at 4.11.2024 by S.I. 2024/860, art. 3(d)