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Historic Environment (Wales) Act 2023

Section 182 — Validity of certain decisions and orders relating to buildingsSection 183 — Application to High Court for statutory review of decision or order

668.Section 182 provides that certain decisions and orders may only be challenged by statutory review under the procedure set out in section 183, and may not be challenged by means of any other legal proceedings. The decisions in question are set out in subsection (2) and the orders in subsection (3).

669.Section 183 provides that a person who is aggrieved by a decision or order listed in section 182(2) or (3) may make an application to the High Court for the statutory review of the decision or order. Depending on the circumstances of the individual case, aggrieved persons may include the owner or occupier, the applicant or appellant, or some other party who made objections or representations as part of the procedure which preceded the decision or order challenged. The authority directly concerned with the decision or order, as defined in subsection (7), may also make an application for statutory review.

670.An application for statutory review may only be made with the permission of the High Court. A relevant decision/order may be challenged on the grounds that:

a.

it is not within the appropriate powers; or

b.

there has been a failure to comply with a procedural requirement and the applicant has been substantially prejudiced by that failure.

671.A decision may be found to be outside the appropriate powers not only by reference to the powers and requirements set out in the Act, but also, for example, because the decision-maker has acted irrationally, or taken into account irrelevant, or failed to take into account relevant, considerations.

672.Such a challenge is not an opportunity to review the merits of the decision or order challenged.

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