Historic Environment (Wales) Act 2023

(introduced by sections 79(6) and 85(4))

SCHEDULE 7END OF INTERIM PROTECTION OR TEMPORARY LISTING FOR BUILDINGS

This schedule has no associated Explanatory Notes

Introduction

1This Schedule applies where—

(a)interim protection ends in relation to a building because the Welsh Ministers serve notice under section 79(5)(b) that they have decided not to list the building, or

(b)temporary listing ends in relation to a building—

(i)at the end of the 6-month period mentioned in section 85(1), or

(ii)because the Welsh Ministers give notification under section 85(3) that they do not intend to consult on a proposal to list the building.

Criminal liability

2The fact that the building is no longer treated as if it were a listed building does not affect the liability of any person to be prosecuted and punished for an offence under‍ this Act committed while the building was treated as a listed building.

Listed building consent

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

Temporary stop notices

4Any 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) 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

6Any proceedings on an application for an injunction under section 135 relating to the building lapse.