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Section 83 Service of temporary listing noticeI1I2

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies if a planning authority considers that a building in its area which is not a listed building (and is not treated as one by virtue of section 79(2)) is—

(a)

of special architectural or historic interest, and

(b)

in danger of being demolished or of being altered in a way that would affect its character as a building of special architectural or historic interest.

(2)

The authority may serve a temporary listing notice on every owner and occupier of the building.

(3)

A temporary listing notice is a notice which—

(a)

states that the planning authority—

(i)

considers the building to be of special architectural or historic interest, and

(ii)

has requested the Welsh Ministers to consider listing it, and

(b)

explains the effect of subsection (4), section 85 and Schedule 7.

(4)

As soon as a temporary listing notice has been served on every owner and occupier of the building to which it relates, this Act (except sections 118 and 137 to 142) and the Town and Country Planning Act 1990 (c. 8) have effect in relation to the building as if it were a listed building.

(5)

The protection conferred by virtue of subsection (4) is referred to in this Part as “temporary listing”.

(6)

This section and section 84 do not apply to—

(a)

a building which is a scheduled monument, or

(b)

an exempt religious building.

Annotations

Commencement

I1

S. 83 not in force at Royal Assent, see s. 212(2)

I2

S. 83 in force at 4.11.2024 by S.I. 2024/860, art. 3(b)

Notes on Part 3

Modifications

C1

Pts. 3-5 applied (4.11.2024) by S.I. 1999/1736, art. 11(1) (as amended by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 23(a))