The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012

Application of the Public Health Act 1936 to listed building enforcement notices

15.—(1) The provisions of sections 276, 289 and 294 of the Public Health Act 1936(1) apply in relation to steps required to be taken by a listed building enforcement notice, as if—

(a) references to a local authority are references to the local planning authority who issued the enforcement notice;

(b) references (in whatever form) to the execution of works under the Public Health Act 1936 are references to the taking of steps required to be taken under the notice;

(c) references in section 289 to the occupier are references to a person other than the owner with an interest in the premises; and

(d) the reference in section 294 to “expenses under this Act” is a reference to expenses incurred in the taking of such steps.

(2) The expenses recoverable by a local planning authority under section 42(1)(2) of the Act are, until recovered, a charge that is binding on successive owners of the land to which the listed building enforcement notice related and the charge must take effect as from the date of the completion by the local planning authority of the steps required to be taken by the listed building enforcement notice.

(1)

1936 c. 49.

(2)

Section 42(1) was amended by section 25 and Schedule 3, paragraph 21(a) of the Planning and Compensation Act 1991(c. 34).