OpenLegislation

Section 78 Consultation before listing or de-listing buildingI1I2

England and Wales

(1)

Where the Welsh Ministers are proposing to list or de-list a building, they must serve a notice on the persons mentioned in subsection (2) which—

(a)

sets out the proposed amendment to the list maintained under section 76, and

(b)

invites those persons to make written representations about the proposal.

(2)

The persons are—

(a)

every owner and occupier of the building,

(b)

every planning authority in whose area the building is situated, and

(c)

any other persons the Welsh Ministers consider appropriate as having special knowledge of, or special interest in, buildings of architectural or historic interest.

(3)

A notice under subsection (1) must—

(a)

specify the period within which representations may be made, and

(b)

in the case of a proposal to list a building—

(i)

include a statement of the effect of section 79 (interim protection), and

(ii)

specify the date on which interim protection takes effect under that section.

(4)

The period specified under subsection (3)(a) must be at least 28 days beginning with the day the notice is served.

Annotations

Commencement

I1

S. 78 not in force at Royal Assent, see s. 212(2)

I2

S. 78 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))