Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 103 is up to date with all changes known to be in force on or before 07 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
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 103:
- 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)
PART 3BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
CHAPTER 2CONTROL OF WORKS AFFECTING LISTED BUILDINGS
Appeals to the Welsh Ministers
103Decision on application after service of notice of appeal
(1)
This section applies if a person who has made an application for listed building consent appeals under section 100(3) (failure to give notice of decision).
(2)
The Welsh Ministers must not determine the appeal before the end of the period which is specified in regulations made by the Welsh Ministers and begins with the day the notice of appeal is served.
(3)
The planning authority may give notice of its decision on the application to which the appeal relates at any time before the end of that period.
(4)
If the authority gives notice in accordance with subsection (3) that its decision is to refuse the application—
(a)
the appeal must be treated as an appeal under section 100(2) against the refusal, and
(b)
the Welsh Ministers must give the appellant the opportunity to revise the grounds of appeal.
(5)
If the authority gives notice in accordance with subsection (3) that its decision is to grant the application subject to conditions, the Welsh Ministers must give the appellant the opportunity—
(a)
to proceed with the appeal as an appeal under section 100(2) against the grant of the application subject to conditions, and
(b)
to revise the grounds of the appeal.