Planning (Listed Buildings and Conservation Areas) Act 1990

[F1 2D Review of certain listing decisions E+W

(1) This section applies where the Welsh Ministers include a building in a list compiled or approved under section 1.

(2) As soon as possible after amending the list to include the building, the Welsh Ministers must serve on the owner and occupier of the building a notice which—

(a) states that the Welsh Ministers have included the building in the list;

(b) specifies the date on which the Welsh Ministers did so (and on which interim protection under section 2B(2) ceased to have effect); and

(c) states that the owner or occupier may make an application to the Welsh Ministers requesting them to review their decision to do so.

(3) Where an owner or occupier of the building makes such an application, the Welsh Ministers must—

(a) carry out the review requested;

(b) make a decision on the review; and

(c) make such amendment to the list as they consider appropriate to give effect to that decision.

(4) Except as provided in sections 62 and 63, the validity of a decision of the Welsh Ministers on the review is not to be questioned in any legal proceedings.

(5) The Welsh Ministers must carry out a review under this section in such one or more of the following ways as appears to them to be appropriate—

(a) by means of a local inquiry;

(b) by means of a hearing;

(c) on the basis of written representations.

(6) The Welsh Ministers must by regulations make provision about—

(a) the grounds on which an application for a review under this section may be made;

(b) the form and manner in which such an application must be made;

(c) the information that must be provided to, or may be required by, the Welsh Ministers in connection with such an application; and

(d) the period within which such an application must be made.

(7) The Welsh Ministers may by regulations make further provision in connection with reviews under this section.

(8) Schedule 1B applies to reviews under this section.]

Textual Amendments

F1 Ss. 2A-2D inserted (21.3.2016 for specified purposes, 31.5.2017 in so far as not already in force) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 24(1), 41(1)(c)(3); S.I. 2017/633, art. 5(c) (with art. 6(2))