Historic Environment (Wales) Act 2023

(introduced by section 107(3))

SCHEDULE 8 PROCEDURE FOR ORDERS MODIFYING OR REVOKING LISTED BUILDING CONSENT

PART 1 ORDERS MADE BY PLANNING AUTHORITIES

Circumstances in which orders take effect

1 An order under section 107 made by a planning authority takes effect only—

(a) if it is confirmed by the Welsh Ministers under paragraph 2, or

(b) in accordance with paragraph 3.

Procedure for confirmation of orders by Welsh Ministers

2 (1) Where a planning authority submits an order under section 107 to the Welsh Ministers for confirmation, it must serve notice of the submission of the order on—

(a) every owner and occupier of the listed building to which the order relates, and

(b) any other person it thinks will be affected by the order.

(2) The notice must specify the period within which a person on whom it is served may make a request in writing to the Welsh Ministers for an opportunity to appear before and be heard by a person appointed by the Welsh Ministers.

(3) If a person on whom the notice is served makes such a request within that period, before confirming the order the Welsh Ministers must give such an opportunity to that person and the planning authority.

(4) The period specified under sub-paragraph (2) must be at least 28 days beginning with the day after the day the notice is served.

(5) The Welsh Ministers may confirm the order with or without modifications.

Procedure for orders to take effect without confirmation

3 (1) This paragraph applies where—

(a) a planning authority has made an order under section 107, and

(b) the following persons have notified the authority in writing that they do not object to the order—

(i) every owner and occupier of the listed building to which the order relates, and

(ii) every other person the authority thinks will be affected by the order.

(2) The planning authority must (instead of submitting the order to the Welsh Ministers for confirmation)—

(a) publish notice of the making of the order in the way specified in regulations made by the Welsh Ministers,

(b) serve a copy of the notice on the persons mentioned in sub-paragraph (1)(b), and

(c) send a copy of the notice to the Welsh Ministers not later than 3 days after the day it is published.

(3) The notice must specify—

(a) the period within which persons affected by the order may give notice to the Welsh Ministers that they want the order to be submitted to the Welsh Ministers for confirmation under the procedure in paragraph 2;

(b) the period at the end of which, if no such notice is given and the Welsh Ministers do not direct that the order must be submitted to them for confirmation, the order will take effect without being confirmed by the Welsh Ministers.

(4) If at the end of the period specified under sub-paragraph (3)(a)—

(a) no person affected by the order has given notice to the Welsh Ministers as mentioned in sub-paragraph (3)(a), and

(b) the Welsh Ministers have not directed that the order must be submitted to them for confirmation,

the order takes effect at the end of the period specified under sub-paragraph (3)(b).

(5) The period specified under sub-paragraph (3)(a) must be at least 28 days beginning with the day after the day the notice of the making of the order is first published.

(6) The period specified under sub-paragraph (3)(b) must be at least 14 days after the end of the period specified under sub-paragraph (3)(a).

PART 2 ORDERS MADE BY THE WELSH MINISTERS

Procedure to be followed before making order

4 (1) The Welsh Ministers must not make an order under section 107 without consulting the planning authority in whose area the listed building to which the order relates is situated.

(2) Before making an order under section 107 the Welsh Ministers must also serve notice of the proposed order on—

(a) every owner and occupier of the building, and

(b) any other person they think will be affected by the order.

(3) The notice must specify the period within which a person on whom it is served may make a request in writing to the Welsh Ministers for an opportunity to appear before and be heard by a person appointed by the Welsh Ministers.

(4) If a person on whom the notice is served makes such a request within that period, before making the order the Welsh Ministers must give such an opportunity to that person and the planning authority.

(5) The period specified under sub-paragraph (3) must be at least 28 days beginning with the day after the day the notice is served.