Legislation – The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024
PART 3SPECIAL CASES
Disapplication and modifications: applications by a planning authority for demolition of a listed building19.
(1)
This regulation applies to an application by a planning authority for—
(a)
listed building consent for the demolition of a listed building;
(b)
the variation or removal of conditions of listed building consent for the demolition of a listed building.
(2)
An application must be made to the Welsh Ministers (see section 90(1)(a) of the 2023 Act).
(3)
The decision of the Welsh Ministers on an application is final.
(4)
Where this regulation applies—
(a)
regulation 3 (applying for listed building consent) is to be read as if—
(i)
paragraph (1) included a requirement for the application to be accompanied by any representations received before both periods in regulation 12(2)(a) have expired;
(ii)
in paragraph (3), for “the planning authority to which the application is made indicates” there were substituted “the Welsh Ministers indicate”
;
(b)
regulation 7 (acknowledgement of application for listed building consent) is to be read as if—
(i)
in paragraph (1), for “the planning authority in whose area the building is situated receives” there were substituted “the Welsh Ministers receive”
;
(ii)
in paragraph 7(4), for “the planning authority considers” there were substituted “the Welsh Ministers consider”
;
(iii)
all other references to a planning authority were references to the Welsh Ministers;
(c)
regulation 8 (advertisement of applications) is to be read as if paragraph (1) of that regulation required the planning authority to comply with paragraphs 3) and (4) before the planning authority sends an application for listed building consent to the Welsh Ministers;
(d)
regulation 9 (notification to the amenity societies etc.) is to be read as if in paragraph (1) for “receives” there were substituted “makes”
;
(e)
regulation 12 (decision on application) is to be read as if—
(i)
in paragraph (1), references to the planning authority were to the Welsh Ministers;
(ii)
in paragraph (2)—
(aa)
in sub-paragraph (a), for “must not determine” there were substituted “must not send”
;
(bb)
the duty in sub-paragraph (b) were a duty of the Welsh Ministers and not the planning authority;
(f)
regulation 15 (application for variation or removal of conditions) is to be read as if in paragraph (1) the reference to regulations “3 to 14” were a reference to regulations “3 to 9, 12 and 14”;
(g)
regulation 16 (appeals) does not apply.