Commentary on Sections Part 3 — Buildings of special architectural or historic interest Chapter 5 — Acquisition and preservation of buildings of special interest Section 139 — Application to stop compulsory acquisition
529.When a compulsory purchase order for the acquisition of a listed building has been made by a planning authority (but not yet confirmed by the Welsh Ministers) or prepared in draft by the Welsh Ministers (but not yet put into effect), section 139 permits anyone with an interest in the building to apply to a magistrates’ court for an order to halt further progress on the compulsory purchase (subsection (2)).
530.Subsection (3) provides that the application must be made within 28 days after the day notice of the compulsory acquisition is served under the 1981 Act. The application would be made on the ground that reasonable steps had been taken for properly preserving the listed building, and subsection (4) requires the magistrates’ court to make the applied for order if it is satisfied that such steps have been taken. An appeal against the magistrates’ court decision can be made to the Crown Court (subsection (5)).