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

“2.

(1)

In their application to an application for listed building consent which is connected to an application for a nationally significant development under section 62D of the Town and Country Planning Act 1990, the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 apply as follows.

Provision

Modification or disapplication

Regulation ‎3 (applying for listed building consent)

Regulation ‎3 is to be read as if, in paragraph ‎(3), for “the planning authority to which the application is made” there were substituted “the Welsh Ministers”.

Regulation 7 (acknowledgement of application for listed building consent)

Regulation ‎7 is to be read as if there were substituted—

“7. If the Welsh Ministers consider that an application does not comply with a requirement imposed by section 90(2) of the 2023 Act or by these Regulations, the Welsh Ministers must notify the applicant as soon as reasonably practicable.”

Regulation 8 (advertisement of applications for listed building consent)

Regulation ‎8 does not apply.

Regulation 9 (notification to amenity societies etc.)

Regulation ‎9 is to be read as if the references to a planning authority were references to the Welsh Ministers.

Regulation ‎12 (decision on application)

Regulation ‎12 applies as if there were substituted—

“12. The Welsh Ministers must give notice of their decision before the end of the determination period referred to in section 62L of the Town and Country Planning Act 1990.”

Regulation ‎13 (notice of decision or referral to the Welsh Ministers)

Regulation ‎13 is to be read as if—

(a)

in paragraph ‎(1)—

(i)

in the words before sub-paragraph ‎(a), the reference to the planning authority were to the Welsh Ministers;

(ii)

sub-paragraph (b) and “or” before it were omitted;

(b)

or paragraph (2) there were substituted—

“(2)

The decision must be given before the end of the determination period within the meaning of section 62L of the Town and Country Planning Act 1990.”;

(c)

in paragraph ‎(3)—

(i)

for “the planning authority decides” there were substituted “the Welsh Ministers decide”;

(ii)

sub-paragraph ‎(b) and the “and” before it were omitted.

Regulation ‎19 (applications by a planning authority for demolition of a listed building)

Regulation ‎19 does not apply

Regulation ‎22 (publicity for applications relating to urgent works on Crown land)

Regulation ‎22 does not apply.

(2)

In this paragraph, “listed building consent” has the meaning given in section 89 of the Historic Environment (Wales) Act 2023.”;

Provision	Modification or disapplication
Regulation ‎3 (applying for listed building consent)	Regulation ‎3 is to be read as if, in paragraph ‎(3), for “the planning authority to which the application is made” there were substituted “the Welsh Ministers”.
Regulation 7 (acknowledgement of application for listed building consent)	Regulation ‎7 is to be read as if there were substituted— “7. If the Welsh Ministers consider that an application does not comply with a requirement imposed by section 90(2) of the 2023 Act or by these Regulations, the Welsh Ministers must notify the applicant as soon as reasonably practicable.”
Regulation 8 (advertisement of applications for listed building consent)	Regulation ‎8 does not apply.
Regulation 9 (notification to amenity societies etc.)	Regulation ‎9 is to be read as if the references to a planning authority were references to the Welsh Ministers.
Regulation ‎12 (decision on application)	Regulation ‎12 applies as if there were substituted— “12. The Welsh Ministers must give notice of their decision before the end of the determination period referred to in section 62L of the Town and Country Planning Act 1990.”
Regulation ‎13 (notice of decision or referral to the Welsh Ministers)	Regulation ‎13 is to be read as if— (a) in paragraph ‎(1)— (i) in the words before sub-paragraph ‎(a), the reference to the planning authority were to the Welsh Ministers; (ii) sub-paragraph (b) and “or” before it were omitted; (b) or paragraph (2) there were substituted— “(2) The decision must be given before the end of the determination period within the meaning of section 62L of the Town and Country Planning Act 1990.”; (c) in paragraph ‎(3)— (i) for “the planning authority decides” there were substituted “the Welsh Ministers decide”; (ii) sub-paragraph ‎(b) and the “and” before it were omitted.
Regulation ‎19 (applications by a planning authority for demolition of a listed building)	Regulation ‎19 does not apply
Regulation ‎22 (publicity for applications relating to urgent works on Crown land)	Regulation ‎22 does not apply.

(b)

in paragraph 3(2) of Part 2—

(i)

for “section 8 of the Listed Building Act,” substitute “section 89 of the Historic Environment (Wales) Act 2023,”;

(ii)

for “regulations 3(1), 3(2) and 6 (design and access statements)” to the end substitute “regulations 3 and 4 of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024.”