Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Paragraph 3 is up to date with all changes known to be in force on or before 05 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 8 Paragraph 3:
- 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 8PROCEDURE FOR ORDERS MODIFYING OR REVOKING LISTED BUILDING CONSENT
PART 1ORDERS MADE BY PLANNING AUTHORITIES
Procedure for orders to take effect without confirmation
3
(1)
This paragraph applies where—
(a)
a planning authority has made an order under section 107, and
(b)
the following persons have notified the authority in writing that they do not object to the order—
(i)
every owner and occupier of the listed building to which the order relates, and
(ii)
every other person the authority thinks will be affected by the order.
(2)
The planning authority must (instead of submitting the order to the Welsh Ministers for confirmation)—
(a)
publish notice of the making of the order in the way specified in regulations made by the Welsh Ministers,
(b)
serve a copy of the notice on the persons mentioned in sub-paragraph (1)(b), and
(c)
send a copy of the notice to the Welsh Ministers not later than 3 days after the day it is published.
(3)
The notice must specify—
(a)
the period within which persons affected by the order may give notice to the Welsh Ministers that they want the order to be submitted to the Welsh Ministers for confirmation under the procedure in paragraph 2;
(b)
the period at the end of which, if no such notice is given and the Welsh Ministers do not direct that the order must be submitted to them for confirmation, the order will take effect without being confirmed by the Welsh Ministers.
(4)
If at the end of the period specified under sub-paragraph (3)(a)—
(a)
no person affected by the order has given notice to the Welsh Ministers as mentioned in sub-paragraph (3)(a), and
(b)
the Welsh Ministers have not directed that the order must be submitted to them for confirmation,
the order takes effect at the end of the period specified under sub-paragraph (3)(b).
(5)
The period specified under sub-paragraph (3)(a) must be at least 28 days beginning with the day after the day the notice of the making of the order is first published.
(6)
The period specified under sub-paragraph (3)(b) must be at least 14 days after the end of the period specified under sub-paragraph (3)(a).