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

New Search

Introduction

PART 1
APPLICATIONS

3 Applying for listed building consent

4 Heritage impact statement

5 Notice of application for listed building consent to owners of building

6 Certificate to be included with application for listed building consent

7 Acknowledgement of application for listed building consent

8 Advertisement of applications for listed building consent

9 Notification to the Amenity Societies and the Royal Commission on the Ancient and Historical Monuments of Wales

10 Reference of applications to the Welsh Ministers

11 Disapplication of requirement to notify the Welsh Ministers of applications for listed building consent

12 Decision on application

13 Notice of decision or referral to the Welsh Ministers

14 Notification of amenity societies etc. of decision

15 Application for variation or removal of conditions

PART 2
APPEALS

16 Appeals

17 Variation of applications after notice of appeal

18 Decision on application after service of notice of appeal

PART 3
SPECIAL CASES

19 Disapplication and modifications: applications by a planning authority for demolition of a listed building

20 Applications other than for demolition made by a planning authority

21 Application for listed building consent in respect of Crown land

22 Publicity for applications relating to urgent works on Crown land

PART 4
Conservation Areas

23 Disapplication of the requirement for demolition in conservation areas to be authorised

24 Application of these Regulations to buildings in conservation areas

PART 5
MISCELLANEOUS AND GENERAL

25 Advertisement of unopposed revocation or modification order

26 Interest rate on expenses for urgent works

27 Consequential amendments

28 Revocation

SCHEDULES

SCHEDULE 1 Notification to Applicant on Receipt of Application

SCHEDULE 2 Notification to Applicant on Refusal of Consent or Grant of Consent Subject to Conditions (to be included with notices of decision)

SCHEDULE 3 Notification to Applicant on Refusal to Vary or Remove Conditions Attached to a Consent or on the Addition of New Conditions (to be included with the notices of decision)

SCHEDULE 4 Consequential amendments

SCHEDULE 5 Revocation and withdrawal

Signature

Explanatory note

PART 3SPECIAL CASES

Publicity for applications relating to urgent works on Crown land22.

(1)

Where an application is made under section 106(1) of the 2023 Act (applications relating to urgent works on Crown land), the Welsh Ministers must comply with paragraphs (3) to (6), but this is subject to paragraph (2).

(2)

Paragraphs (3) to (6) do not apply to an application for listed building consent to carry out works affecting only the interior of a building which is classified as a Grade II (unstarred) listed building.

(3)

The Welsh Ministers must publish notice of the application and of the fact that documents and other material are available for inspection, in a newspaper circulating in the locality of the listed building to which the application relates.

(4)

The notice in paragraph (3) must include—

(a)

an indication of the nature of the works which are the subject of the application;

(b)

details of—

(i)

the place where, and the times at which, the documents and other material relating to the application are available for inspection under section 106(4) of the 2023 Act, and

(ii)

a website where the documents and other material relating to the application are available for inspection.

(5)

The documents and other materials referred to in paragraph (4) must be made available for inspection at all reasonable hours for at least 21 days, beginning with the date of publication of the notice referred to in paragraph (3).

(6)

The Welsh Ministers must display a notice containing the information referred to in paragraph (4)—

(a)

on or near the building to which the application relates;

(b)

for at least 7 days.

(7)

Section 106 of the 2023 Act applies to an application under section 99 of that Act (application for variation or removal of conditions) as it applies to an application for listed building consent.

(8)

The following regulations do not apply to an application under section 106(1) of the 2023 Act (applications relating to urgent works on Crown land)—

(a)

regulation 3 (applying for listed building consent);

(b)

regulation 4 (heritage impact statement).

(9)

Regulation 15(1) (application for variation or removal of conditions) applies as if—

(a)

the reference to regulations 3 to 14 were a reference to regulations 5 and 6;

(b)

paragraph (3) was omitted.