Legislation – The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024

There are currently no known outstanding effects for The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024, Section 23.

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PART 4Conservation Areas

Disapplication of the requirement for demolition in conservation areas to be authorised23.

(1)

Section 161(1) of the 2023 Act (requirement for demolition in conservation areas to be authorised) does not apply to—

(a)

a building with a total cubic content of not more than 115 cubic metres when measured externally, except a tombstone which dates from before 1925;

(b)

a gate, wall, fence or other way of enclosing land which—

(i)

where it is next to a highway or restricted byway, waterway or open space, is less than one metre high, or

(ii)

is less than two metres high in any other case;

(c)

a building erected after 1913 and in use, or last used, for the purposes of agriculture or forestry;

(d)

a building required to be demolished by—

(i)

an order made under section 102 of the Town and Country Planning Act 19906;

(ii)

an agreement made under section 106 of the Town and Country Planning Act 19907;

(iii)

an enforcement notice where the notice is issued under—

(aa)

section 172 of the Town and Country Planning Act 19908, or

(bb)

section 123 or 134 of the 2023 Act;

(iv)

a condition of planning permission granted under section 709 or section 177(1)10 of the Town and Country Planning Act 1990;

(v)

a notice under section 215 of the Town and Country Planning Act 1990;

(e)

a building included in an operative demolition order under section 265 of the Housing Act 198511;

(f)

a building included in a clearance area declared under section 289 of the Housing Act 198512;

(g)

a building on land purchased by a local housing authority under section 290 of the Housing Act 1985;

(h)

a building closed for regular public worship in accordance with provision made under Part 6 of the Mission and Pastoral Measure 2011 (No. 3)13 by a pastoral church buildings scheme or a pastoral (church buildings disposal) scheme.

(2)

In this regulation—

“highway” (“priffordd”) has the same meaning as in the Highways Act 198014 (see section 328(1) and (2) of that Act15);

“open space” (“man agored”) means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;

“restricted byway” (“cilffordd gyfyngedig”) has the meaning in section 48(4) of the Countryside and Rights of Way Act 200016 (see section 48(4) and (5) of that Act).

(3)

See also section 161(2) of the 2023 Act for other exceptions to the requirement in section 161(1) for demolition to be authorised.