Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 174 is up to date with all changes known to be in force on or before 06 November 2025. 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
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 174:
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
PART 5SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS
CHAPTER 2PROCEEDINGS BEFORE THE WELSH MINISTERS
Procedural provisions applying to appeals and other proceedings before Welsh Ministers
174Choice of inquiry, hearing or written procedure
(1)
The Welsh Ministers must in each case determine the procedure by which proceedings to which this section applies are to be considered.
(2)
A determination must provide for the proceedings to be considered in one or more of the following ways—
(a)
at a local inquiry;
(b)
at a hearing;
(c)
on the basis of representations in writing.
(3)
The Welsh Ministers must make a determination before the end of the period specified in regulations made by the Welsh Ministers.
(4)
A determination may be varied by a further determination at any time before the proceedings to which it relates are determined.
(5)
The Welsh Ministers must notify the following persons of a determination—
(a)
the applicant or appellant (as appropriate), and
(b)
the planning authority concerned.
(6)
The Welsh Ministers must publish the criteria they will apply in making determinations.
(7)
This section applies to the following proceedings—
(a)
an application referred to the Welsh Ministers under section 94 (reference of application for listed building consent or conservation area consent or for the variation or removal of conditions);
(b)
an appeal under section 100 (appeal against decision or failure to make decision on application for consent, for the variation or removal of conditions or for approval of details);
(c)
an application for listed building consent or conservation area consent made to the Welsh Ministers under section 106 (urgent works on Crown land);
(d)
an appeal under section 127 (appeal against enforcement notice).
(8)
The Welsh Ministers may by regulations amend subsection (7) to—
(a)
add proceedings under or by virtue of Part 3, Part 4 or this Part,
(b)
remove proceedings, or
(c)
modify a description of proceedings.