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Historic Environment (Wales) Act 2023

Section 97Power to grant consent subject to conditions

340.Section 97 allows listed building consent to be granted subject to conditions.

341.Subsection (2) provides examples of conditions, but the list is not exhaustive. Welsh Government Circular 016/2014, The Use of Planning Conditions for Development Management, at paragraph 5.75, recommends that conditions on listed building consents should be drafted on the basis of the principles and tests that the circular sets out for the drafting of planning conditions. It offers a set of model conditions (conditions 71–80 in the appendix to the circular) for listed building consents, which, again, is not exhaustive.

342.Under subsection (5), a consent for demolition of a listed building must include a condition allowing for the recording of the building by the Royal Commission. Under the terms of its Royal Warrant, the Royal Commission has a responsibility to survey and record “buildings, sites and ancient monuments of archaeological, architectural and historic interest” in Wales and the adjacent territorial sea. The Royal Commission must also compile and curate the National Monuments Record for Wales “as the basic national record of the archaeological and historical environment”; Coflein is the online database for the National Monuments Record of Wales.

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