Legislation – Historic Environment (Wales) Act 2023

A person must not carry out works to which this section applies, or cause such works to be carried out, unless the works are authorised under section 89.

(2)

This section applies to—

(a)

works for the alteration or extension of a listed building in any way that would affect its character as a building of special architectural or historic interest;

(b)

works for the demolition of a listed building.

(3)

But this section does not apply to—

(a)

works in relation to a building which is a scheduled monument (but see section 11);

(b)

works in relation to an exempt religious building;

(c)

works for the demolition of a building closed for regular public worship, or a part of such a building, in accordance with provision made under Part 6 of the Mission and Pastoral Measure 2011 (No. 3) by a pastoral church buildings scheme or a pastoral (church buildings disposal) scheme;

(d)

works carried out by or on behalf of the Crown in the circumstances set out in paragraphs (a) to (d) of section 117(4) (emergency works).

(1)

Works to which section 88 applies are authorised if—

(a)

written consent to carry them out has been granted by the planning authority in whose area the building is situated or the Welsh Ministers, and

(b)

the works are carried out in accordance with the terms of the consent (including any conditions attached to it).

(2)

Where—

(a)

works to which section 88 applies have been carried out without being authorised under subsection (1), and

(b)

the planning authority or the Welsh Ministers grant written consent for the works,

the works are authorised from the grant of that consent.

(3)

Consent under subsection (1) or (2) is referred to in this Act as listed building consent.

Appeals to the Welsh Ministers

100Right to appeal against planning authority decision or failure to make decision

(1)

This section applies where an application has been made to a planning authority for—

(a)

listed building consent,

(b)

the variation or removal of conditions of listed building consent, or

(c)

approval of details of works under a condition of listed building consent.

(2)

The applicant may appeal to the Welsh Ministers if the planning authority—

(a)

refuses the application, or

(b)

grants the application subject to conditions or, in the case of an application for the variation or removal of conditions, grants it and imposes new conditions.

(3)

The applicant may also appeal to the Welsh Ministers if the planning authority has done none of the following within the determination period—

(a)

given notice to the applicant of its decision on the application, or

(b)

in the case of an application for listed building consent or for the variation or removal of conditions, given notice to the applicant that it has—

(i)

exercised its power under section 93 to refuse to consider the application, or

(ii)

referred the application to the Welsh Ministers under section 94.

(4)

In subsection (3) “the determination period” means—

(a)

the period specified in regulations made by the Welsh Ministers, or

(b)

a longer period agreed in writing between the applicant and the planning authority.

101Procedure for making appeal

(1)

An appeal under section 100 must be made by serving a notice of appeal on the Welsh Ministers.

(2)

The grounds of appeal stated in the notice may include (alone or with other grounds)—

(a)

a claim that the building to which the appeal relates is not of special architectural or historic interest and ought to be de-listed, or

(b)

in the case of a building subject to interim protection or temporary listing, a claim that the building should not be listed.

(3)

The Welsh Ministers may by regulations make provision about—

(a)

the form of a notice of appeal (which may include provision for using a form to be published or provided by the Welsh Ministers or another person);

(b)

information that must be included with a notice of appeal;

(c)

the way in which, and period within which, a notice of appeal must be served (which may include provision enabling the Welsh Ministers to extend the period).

(4)

Section 91 (notice to owners of building) applies in relation to appeals under section 100 relating to applications for listed building consent or for the variation or removal of conditions, but as if references to an application and an applicant were references to an appeal and an appellant.

(5)

The period specified by regulations under subsection (3)(c) must be at least 28 days beginning with the day after—

(a)

in the case of an appeal under subsection (2) of section 100, the day the applicant receives notice of the decision;

(b)

in the case of an appeal under subsection (3) of that section, the end of the determination period (which has the same meaning as in that subsection).

102Restriction on varying application after service of notice of appeal

(1)

Once notice of an appeal under section 100 has been served, the application to which the appeal relates may not be varied except in circumstances specified in regulations made by the Welsh Ministers.

(2)

Where an application is varied under this section, the Welsh Ministers may direct that further consultation must be carried out in relation to the application.

103Decision on application after service of notice of appeal

(1)

This section applies if a person who has made an application for listed building consent appeals under section 100(3) (failure to give notice of decision).

(2)

The Welsh Ministers must not determine the appeal before the end of the period which is specified in regulations made by the Welsh Ministers and begins with the day the notice of appeal is served.

(3)

The planning authority may give notice of its decision on the application to which the appeal relates at any time before the end of that period.

(4)

If the authority gives notice in accordance with subsection (3) that its decision is to refuse the application—

(a)

the appeal must be treated as an appeal under section 100(2) against the refusal, and

(b)

the Welsh Ministers must give the appellant the opportunity to revise the grounds of appeal.

(5)

If the authority gives notice in accordance with subsection (3) that its decision is to grant the application subject to conditions, the Welsh Ministers must give the appellant the opportunity—

(a)

to proceed with the appeal as an appeal under section 100(2) against the grant of the application subject to conditions, and

(b)

to revise the grounds of the appeal.

104Determination of appeal

(1)

On an appeal under section 100 the Welsh Ministers may—

(a)

allow or dismiss the appeal, or

(b)

reverse or vary any part of the planning authority’s decision on the application to which the appeal relates (whether or not the appeal relates to that part),

and may deal with the application as if it had been made to them.

(2)

Where the appeal was made under section 100(3) (failure to give notice of decision) and the planning authority has not given notice under section 103(3), it is to be assumed for the purposes of subsection (1) that the authority decided to refuse the application.

(3)

On an appeal under section 100 the Welsh Ministers may also exercise their power under section 76 to de-list the building to which the appeal relates.

(4)

Chapter 2 of Part 5 makes provision about the procedure for the consideration of appeals (including provision for them to be determined by persons appointed by the Welsh Ministers).

(5)

The decision of the Welsh Ministers on an appeal is final.

Special cases

105Applications by planning authorities and the Crown

(1)

The Welsh Ministers may by regulations provide that any provision made by or under this Act is not to apply, or is to apply with modifications, to an application mentioned in subsection (2) that is made—

(a)

by a planning authority, or

(b)

by or on behalf of the Crown.

(2)

The applications referred to in subsection (1) are applications for—

(a)

listed building consent,

(b)

the variation or removal of conditions of listed building consent, or

(c)

approval of details of works under a condition of listed building consent.

(3)

The regulations may, in particular, provide for an application to be made to the Welsh Ministers.

106Applications relating to urgent works on Crown land

(1)

The appropriate Crown authority may make an application for listed building consent to the Welsh Ministers (instead of to a planning authority) if—

(a)

the listed building to which the application relates is on Crown land, and

(b)

the appropriate Crown authority certifies—

(i)

that the works for which consent is sought are of national importance, and

(ii)

that it is necessary that the works are carried out as a matter of urgency.

(2)

Before making the application, the appropriate Crown authority must publish in one or more newspapers circulating in the locality of the listed building a notice—

(a)

describing the proposed works, and

(b)

stating that it proposes to make the application to the Welsh Ministers under this section.

(3)

Where the appropriate Crown authority makes an application under this section—

(a)

it must give the Welsh Ministers a statement of its grounds for making the application;

(b)

the Welsh Ministers may require it to give them any further information they consider necessary to enable them to determine the application.

(4)

As soon as practicable after receiving a document or other material by virtue of subsection (3), the Welsh Ministers must make a copy of the document or other material available for inspection by the public in the locality of the proposed works.

(5)

The Welsh Ministers must, in accordance with any requirements imposed by regulations, publish notice of the application and of the fact that documents and other material are available for inspection.

(6)

The Welsh Ministers must consult the following persons about the application—

(a)

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

(b)

any other person that may be specified in regulations.

(7)

Chapter 2 of Part 5 makes provision about the procedure for the consideration of applications made to the Welsh Ministers under this section.

(8)

Subsection (4) does not apply to the extent that a document or other material is subject to a direction under section 178 (restriction of access to evidence on national security grounds).

(9)

The decision of the Welsh Ministers on an application is final.

(10)

In this section references to regulations are to regulations made by the Welsh Ministers.

Right of owner of listed building to require purchase of interest

(1)

This section applies where—

(a)

on an application for listed building consent, consent is refused or is granted subject to conditions, or

(b)

an order under section 107 modifies or revokes listed building consent.

(2)

If an owner of the listed building to which the application or order relates claims—

(a)

that the first set of conditions is met in relation to the building, and

(b)

that the first and second sets of conditions are met in relation to any associated land,

the owner may serve a purchase notice on the planning authority in whose area the listed building is situated.

(3)

A purchase notice is a notice requiring the planning authority to purchase the owner’s interest in the listed building and associated land.

(4)

The first set of conditions is—

(a)

that the listed building and associated land in respect of which the notice is served are‍ unusable in their existing state,

(b)

in a case where listed building consent has been granted‍ subject to conditions or has been modified by the imposition of conditions, that the building and land cannot be made usable by carrying out the works to which the consent relates in accordance with the conditions, and

(c)

in any case, that the building and land cannot be made‍ usable by carrying out any other works for which listed building consent has been granted or for which the planning authority or the Welsh Ministers have undertaken to grant listed building consent.

(5)

The second set of conditions is—

(a)

that the use of the associated land is substantially inseparable from the use of the listed building, and

(b)

that the associated land ought to be treated, together with the building, as a single holding.

(6)

In this section and Schedule 9—

“associated land” (“tir cysylltiedig”), in relation to a listed building, means land which—

(a)

includes, adjoins or is adjacent to the building, and

(b)

is owned with the building;

“usable” (“defnyddiadwy”), in relation to a listed building or associated land, means capable of reasonably beneficial use.

(7)

In determining whether a listed building and associated land are‍ usable in their existing state, a prospective use of the building or land must be ignored if it would involve—

(a)

carrying out works requiring listed building consent which has not been granted and which neither a planning authority nor the Welsh Ministers have undertaken to grant, or

(b)

carrying out development for which planning permission has not been granted and for which neither a planning authority nor the Welsh Ministers have undertaken to grant permission.

(8)

A listed building is not‍ unusable in its existing state if—

(a)

the existing state of the building was caused by a breach of section 88 (requirement for works to be authorised) or of a condition subject to which listed building consent has been granted, and

(b)

the building could be made‍ usable by taking steps that are or could be required by an enforcement notice under section 123.‍

110Purchase notice in respect of Crown land

(1)

The owner of a private interest in Crown land may not serve a purchase notice in respect of that interest unless—

(a)

the owner has offered to dispose of the interest to the appropriate Crown authority for a price that is equal to (and if not agreed, is to be determined in the same way as) the compensation that would be payable for the interest if it were acquired in pursuance of a purchase notice, and

(b)

the appropriate Crown authority has refused the offer.

(2)

Only the appropriate Crown authority may serve a purchase notice in respect of a Crown interest or Duchy interest in land which—

(a)

forms part of the Crown Estate,

(b)

belongs to His Majesty in right of His private estates,

(c)

belongs to His Majesty in right of the Duchy of Lancaster, or

(d)

belongs to the Duchy of Cornwall.

(3)

A purchase notice may not be served in respect of a Crown interest or Duchy interest in any other land.

111Further provision about service of purchase notice

(1)

A purchase notice must be served within 12 months beginning with—

(a)

in the case of a notice relating to a decision to refuse listed building consent or grant it subject to conditions, the day the decision is made, or

(b)

in the case of a notice relating to an order under section 107 modifying or revoking listed building consent, the day the order takes effect.

(2)

In a case where the Welsh Ministers determine an appeal against a decision of a planning authority to refuse listed building consent or grant it subject to conditions, the reference in subsection (1)(a) to the day the decision is made is to be read as a reference to the day the Welsh Ministers determine the appeal.

(3)

The Welsh Ministers may at any time extend the period for serving a purchase notice in a particular case, if they are satisfied that there are good reasons for doing so.

(4)

The Welsh Ministers may by regulations make provision about how a purchase notice must be served.

(5)

Where a repairs notice has been served on an owner of a listed building under section 138, the owner is not entitled to serve a purchase notice in respect of the building—

(a)

before the end of 3 months beginning with the day the repairs notice is served, or

(b)

if during that period the‍ compulsory acquisition of the building is started under section 137, unless the compulsory acquisition is discontinued.

(6)

An owner of a listed building who has served a purchase notice may not amend the notice; but that does not prevent the owner serving a further purchase notice relating to the same decision or order.

(7)

If an owner serves a further purchase notice relating to the same decision or order, the earlier notice is to be treated as withdrawn unless the later notice states that the owner does not intend to withdraw it.

(8)

For the purposes of subsection (5)—

(a)

a compulsory acquisition is starte‍d—

(i)

by a planning authority when it serves the notice required by section 12 of the Acquisition of Land Act 1981 (c. 67);

(ii)

by the Welsh Ministers when they serve the notice required by paragraph 3(1) of Schedule 1 to that Act;

(b)

a compulsory acquisition is discontinued—

(i)

in the case of an acquisition by a planning authority, when the compulsory purchase order is withdrawn or the Welsh Ministers decide not to confirm it;

(ii)

in the case of an acquisition by the Welsh Ministers, when they decide not to make the compulsory purchase order.

112Action following service of purchase notice

Schedule 9 makes provision about the action to be taken by planning authorities and the Welsh Ministers following the service of a purchase notice.

PART 3BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

CHAPTER 2CONTROL OF WORKS AFFECTING LISTED BUILDINGS

Authorisation of works

88Requirement for works to be authorised

(1)

(2)

(a)

(b)

(3)

(a)

(b)

(c)

(d)

89Authorisation of works by listed building consent

(1)

(a)

(b)

(2)

(a)

(b)

(3)

Applications for listed building consent

90Applying for listed building consent

(1)

(a)

(b)

(c)

(d)

(2)

(a)

(b)

(c)

(3)

(a)

(b)

(4)

(a)

(b)

(i)

(ii)

(5)

(a)

(b)

(6)

91Notice of application to owners of building

(1)

(a)

(b)

(2)

(a)

(b)

(3)

(4)

(a)

(b)

(5)

(a)

(b)

(6)

(7)

(a)

(b)

Dealing with applications for consent

92Procedure for dealing with application

(1)

(a)

(b)

(2)

(a)

(b)

(c)

(d)

(e)

(3)

(a)

(b)

(4)

(a)

(b)

93Power to refuse to consider similar applications