Historic Environment (Wales) Act 2023

Effect of Welsh Ministers’ action in relation to purchase notice

4 (1) Where the Welsh Ministers confirm a purchase notice, the authority mentioned in sub-paragraph (2) is to be treated—

(a) as being authorised under section 137 to acquire compulsorily the interest of the person who served the notice, and

(b) as having served a notice to treat in respect of that interest on the date that the Welsh Ministers direct.

(2) The authority referred to in sub-paragraph (1) is—

(a) the planning authority on which the purchase notice was served, or

(b) if the Welsh Ministers modified the purchase notice under paragraph 2(7) by substituting another local authority or statutory undertaker for the planning authority, the other local authority or statutory undertaker.

(3) If a purchase notice is sent to the Welsh Ministers under paragraph 1(6) and they do not take any action in relation to it under paragraph 2 by the end of the relevant period—

(a) the purchase notice is to be treated as having been confirmed by them at the end of the relevant period, and

(b) the planning authority on which the purchase notice was served is to be treated—

(i) as being authorised under section 137 to acquire compulsorily the interest of the person who served the notice, and

(ii) as having served a notice to treat in respect of that interest at the end of the relevant period.

(4) Where a purchase notice is confirmed only in relation to part of the land to which it relates, references in this paragraph to the owner’s interest are to the owner’s interest in that part.

(5) In sub-paragraph (3) the “relevant period” means whichever of the following ends earlier—

(a) 9 months beginning with the day the purchase notice was served on the planning authority;

(b) 6 months beginning with the day a copy of the notice was sent to the Welsh Ministers under paragraph 1(6).

(6) But the relevant period does not include any time when the Welsh Ministers have before them both—

(a) a copy of the purchase notice sent to them under paragraph 1(6), and

(b) a notice of appeal under section 100 (appeal against refusal etc. of listed building consent) or 127 (appeal against enforcement notice) relating to any of the land to which the purchase notice relates.

(7) A notice to treat which is treated as having been served by virtue of sub-paragraph (1)(b) or (3)(b)(ii) may not be withdrawn under section 31 of the Land Compensation Act 1961 (c. 33).

(8) 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.