Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 17 is up to date with all changes known to be in force on or before 06 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.
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PART 2MONUMENTS OF SPECIAL HISTORIC INTEREST
CHAPTER 3CONTROL OF WORKS AFFECTING SCHEDULED MONUMENTS
Determining applications for scheduled monument consent
17Procedure for determining applications and effect of grant of consent
(1)
The Welsh Ministers may grant scheduled monument consent in respect of all or any part of the works to which an application relates.
(2)
Before determining whether to grant scheduled monument consent on an application, the Welsh Ministers may do one or more of the following—
(a)
cause a local inquiry to be held,
(b)
give the applicant, and any other person, an opportunity to appear before and be heard by a person appointed by the Welsh Ministers, or
(c)
give the applicant, and any other person, an opportunity to make written representations to a person appointed by the Welsh Ministers.
(3)
Before determining whether to grant scheduled monument consent on an application, the Welsh Ministers must—
(a)
in every case, consider any representations made by any person with respect to that application, and
(b)
if an inquiry or hearing has been held or representations have been made in accordance with subsection (2)(c), consider the report of the person who held the inquiry or hearing or to whom the representations were made.
(4)
The Welsh Ministers must serve notice of their decision with respect to the application on the applicant and on every person who has made representations with respect to the application.
(5)
Scheduled monument consent has effect for the benefit of the monument and of all persons for the time being interested in the monument; but this is subject to the terms of the consent.
(6)
Schedule 6 applies in relation to proceedings held under subsection (2).