Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Paragraph 90 is up to date with all changes known to be in force on or before 03 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Schedule 13 Paragraph 90:
- Act applied by 1992 c. 42, s. 17A(5) (as substituted) by 2025 c. 34 s. 43(1)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 1992 c. 42, s. 17A(5) (as substituted) by 2025 c. 34 s. 43(1)
SCHEDULE 13MINOR AND CONSEQUENTIAL AMENDMENTS AND REPEALS
Town and Country Planning Act 1990 (c. 8)
90
“314AWales: duties relating to listed buildings and features of architectural or historic interest
(1)
In considering whether to grant planning permission for development which affects a listed building or its setting, the Welsh Ministers or a local planning authority in Wales must have special regard to the desirability of preserving—
(a)
the listed building,
(b)
the setting of the building, or
(c)
any features of special architectural or historic interest the building possesses.
(2)
In exercising the powers conferred by sections 232, 233 and 235(1) (appropriation, disposal and development of land held for planning purposes), a relevant local authority must have regard to the desirability of preserving features of special architectural or historic interest, and in particular listed buildings.
(3)
In subsection (2), “relevant local authority” means—
(a)
a county council or county borough council in Wales;
(b)
a National Park authority in Wales;
(c)
a joint planning board constituted under section 2(1B).
(4)
In this section, “listed building” means—
(a)
a listed building (within the meaning given by section 76 of the Historic Environment (Wales) Act 2023) situated in Wales, or
(b)
a listed building (within the meaning given by section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990) situated in England.”