Legislation – Historic Environment (Wales) Act 2023

carries out, or causes to be carried out, works in relation to a listed building, and

fails to comply with a condition subject to which listed building consent has been granted for the works.

works were urgently necessary in the interests of safety or health or for the preservation of the building,

it was not practicable to secure safety or health or the preservation of the building by carrying out works of repair or works to provide temporary support or shelter,

the works carried out were limited to the minimum measures immediately necessary, and

notice in writing justifying in detail the carrying out of the works was given to the planning authority in whose area the building is or was situated as soon as reasonably practicable.

it is a defence for the person to prove that the person did not know, and could not reasonably have been expected to know, that the interim protection had been conferred, and

where the defence is raised by a person on whom a notice should have been served under section 78(1), it is for the prosecution to prove that the notice was served on the person.

on summary conviction, to a fine or imprisonment for a term not exceeding the applicable limit under section 224(1A)(b) of the Sentencing Code, or both;

on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.

which causes or is likely to result in damage to the building, and

which the person would be entitled to do or permit were it not for this subsection.

works for which listed building consent has been granted;

anything done in relation to a scheduled monument (but see section 58);

works in relation to an exempt religious building;

anything authorised by planning permission granted or treated as having been granted on an application under the Town and Country Planning Act 1990 (c. 8);

anything for which development consent has been granted under the Planning Act 2008 (c. 29).

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

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.

specify the works to which it relates,

prohibit the carrying out of the works (or any of them specified in the notice),

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

state the effect of section 121 (offence of breaching temporary stop notice).

it is not reasonably practicable to display a copy of the notice on the building, or

the authority considers that displaying a copy of the notice on the building might damage it,

to be carrying out the works that the notice prohibits or causing or permitting them to be carried out,

to be an occupier of the listed building to which the notice relates, or

to have an interest in the building.

at the end of 28 days beginning with the day the copy of it is first displayed in accordance with section 119, or

if it specifies a shorter period beginning with that day, at the end of that period.

issuing an enforcement notice under section 123, or

obtaining an injunction under section 135.

works to the listed building were urgently necessary in the interests of safety or health or for the preservation of the building,

it was not practicable to secure safety or health or the preservation of the building by carrying out works of repair or works to provide temporary support or shelter,

the works carried out were limited to the minimum measures immediately necessary, and

notice in writing justifying in detail the carrying out of the works was given to the planning authority in whose area the building is or was situated as soon as reasonably practicable.

the works specified in a temporary stop notice do not, at the time the notice takes effect, 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, or

a planning authority withdraws a temporary stop notice after it has taken effect.

listed building consent is granted for the works specified in the temporary stop notice after the notice has taken effect, and

the planning authority withdraws the notice after the grant of that consent.

providing information that the claimant was required to provide by a notice served by the planning authority under section 197 of this Act or section 16 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57), or

co-operating with the planning authority in any other way when responding to such a notice.

in a case falling within subsection (1)(a) but not within subsection (1)(b), with the day the temporary stop notice takes effect;

in a case falling within subsection (1)(b), with the day the notice is withdrawn.

that works 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 have been or are being carried out in relation to a listed building in its area, and

that it is appropriate to issue the notice, having regard to the effect of the works on the character of the building as a building of special architectural or historic interest.

specify the alleged breach, and

require steps specified in the notice to be taken for one or more of the purposes set out in subsection (3).

restoring the listed building to its condition before the breach took place,

if the planning authority considers that restoration would not be reasonably practicable or would be undesirable, carrying out further works to alleviate the effect of the breach, or

putting the building in the condition it would have been in if the terms of any listed building consent for the works to which the notice relates (including any conditions attached to the consent) had been complied with.

the date on which it is to take effect, and

the period within which the steps specified in it must be taken.

every owner and occupier of the listed building to which the notice relates, and

any other person who has an interest in the building which the authority considers to be materially affected by the notice.

before the end of 28 days after the day the notice is issued, and

at least 28 days before the date specified in the notice as the date on which it is to take effect.

withdraw the notice;

waive or relax any requirement of the notice, and in particular extend the period within which the notice requires any step to be taken.

authorising any works to which the notice relates that have been carried out in breach of section 88, or

authorising works which involve a breach of a condition subject to which a previous consent was granted.

requires steps to be taken that are inconsistent with the authorisation of the works, or

requires steps to be taken for complying with the condition.

any person who has an interest in the listed building to which the notice relates;

that the building is not of special architectural or historic interest;

that the matters alleged to constitute a breach of section 88 or of a condition of listed building consent have not occurred;

that those matters (if they occurred) do not constitute such a breach;

that listed building consent ought to be granted for the works to which the notice relates, or that any relevant condition of listed building consent which has been granted for the works ought to be removed or replaced with different conditions;

that a copy of the notice was not served on a person as required by section 124;

that steps which the notice requires under section 123(3)(a) would not serve the purpose of restoring the character of the building;

that steps which the notice requires for any of the purposes set out in section 123(3) exceed what is necessary for the purpose in question;

that the period within which the notice requires any step to be taken is unreasonably short.

serving a notice of appeal on the Welsh Ministers before the date specified in the enforcement notice as the date on which it is to take effect,

sending a notice of appeal to the Welsh Ministers in a properly addressed and pre-paid letter posted to them at a time when, in the ordinary course of post, it would be delivered to them before that date, or

sending a notice of appeal to the Welsh Ministers using electronic communications at a time when, in the ordinary course of transmission, it would be delivered to them before that date.

the enforcement notice has no effect until the appeal is finally determined or withdrawn; but this is subject to any order under section 184(5);

neither the appellant nor any other person is entitled, in any other proceedings started after the making of the appeal, to claim that the enforcement notice was not served on the appellant in accordance with section 124.

with the notice of appeal, or

within the period specified in regulations made by the Welsh Ministers.

correct any defect, error or misdescription in the enforcement notice to which the appeal relates, or

vary the terms of the notice,

if they allow the appeal, they may quash the enforcement notice;

they must give any directions necessary to give effect to their determination.

grant listed building consent for any of the works to which the enforcement notice relates;

remove any condition subject to which listed building consent was granted and replace it with any other condition, whether more or less onerous;

exercise their power under section 76 to de-list the building to which the appeal relates.

dismiss an appeal if the appellant fails to comply with section 127(6);

is entitled to receive the rack rent of the land merely as agent or trustee for another person (the “principal”), and

does not have, and has not had at any time since the day payment of the costs was demanded, enough money on behalf of the principal to pay the costs in full,

costs which an owner or occupier of the building incurs for the purpose of complying with the notice, and

amounts which an owner of land pays under subsection (1) in respect of costs incurred by the planning authority in taking steps required by the notice,

a planning authority removes materials from land in the course of taking steps required by an enforcement notice, and

the owner of the materials does not, within 3 days after the day they are removed, claim the materials and take them away.

may sell the materials, and

if it does so, must pay the proceeds to the person who owned the materials, after deducting any costs recoverable by it from the person.

that the person did everything the person could be expected to do to secure that the steps required by the notice were taken, or

that the person was not served with a copy of the enforcement notice and was not aware of its existence.

that works 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 have been or are being carried out in relation to a listed building, and

that it is appropriate to issue the notice, having regard to the effect of the works on the character of the building as a building of special architectural or historic interest.

an actual or expected breach of section 88 (requirement for works to be authorised) in relation to a listed building in its area, or

an actual or expected failure to comply with a condition of listed building consent for works to a listed building in its area.