Legislation – Historic Environment (Wales) Act 2023
Changes to legislation:
Historic Environment (Wales) Act 2023, Section 97 is up to date with all changes known to be in force on or before 06 November 2025. 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 97:
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11(3) inserted by 2024 asc 3 Sch. 3 para. 15(2)
- s. 58(4)(c) inserted by 2024 asc 3 Sch. 3 para. 15(3)
- s. 88(4) inserted by 2024 asc 3 Sch. 3 para. 15(4)
- s. 118(2)(f) inserted by 2024 asc 3 Sch. 3 para. 15(5)
- s. 161(6) inserted by 2024 asc 3 Sch. 3 para. 15(6)
PART 3BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
CHAPTER 2CONTROL OF WORKS AFFECTING LISTED BUILDINGS
Grant of listed building consent subject to conditions
97Power to grant consent subject to conditions
(1)
Listed building consent may be granted subject to conditions.
(2)
A condition may, for example, require—
(a)
particular features of the listed building to be preserved, either as part of it or after severance from it;
(b)
any damage caused to the building by the works to be made good after the works are completed;
(c)
the building or any part of it to be reconstructed after any works are carried out, using original materials so far as practicable and making any alterations to the interior of the building specified in the conditions.
(3)
Consent may also be granted subject to a condition requiring specified details of the works (whether or not set out in an application for consent) to be approved later.
(4)
A condition imposed under subsection (3) must—
(a)
in the case of consent granted by a planning authority, require the approval of that authority;
(b)
in the case of consent granted by the Welsh Ministers, specify whether the approval required is that of the planning authority or the Welsh Ministers.
(5)
Consent for the demolition of a listed building must be granted subject to a condition that the works must not start until—
(a)
notice of the proposal to demolish the building has been given to the Royal Commission on the Ancient and Historical Monuments of Wales, and
(b)
after the giving of that notice, the Royal Commission—
(i)
has been given reasonable access to the building for at least 1 month for the purpose of recording it, or
(ii)
has stated in writing that it has completed its recording of the building or does not wish to record it.
(6)
If consent for the demolition of a listed building is granted without the condition required by subsection (5), it is to be treated as having been granted subject to that condition.
(7)
Consent for the demolition of a listed building may also be granted subject to a condition that the works must not start until—
(a)
a contract for works to redevelop the site has been made, and
(b)
planning permission has been granted for those redevelopment works.
(8)
Subsections (5) and (6) do not prevent the imposition of other conditions for the purpose of enabling a listed building to be recorded.
(9)
The Welsh Ministers may by regulations replace the references in subsection (5) to the Royal Commission on the Ancient and Historical Monuments of Wales with references to another body.