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Historic Environment (Wales) Act 2023

Section 192 — Duty to maintain and publish register of historic parks and gardens

686.Section 192 places a duty on the Welsh Ministers to maintain a register of parks and gardens in Wales that they consider to be of special historic interest. Subsection (1) also requires the Welsh Ministers to publish the up-to-date register. The register of historic parks and gardens is published on Cof Cymru.

687.There are, at the time of writing these notes, around 400 registered historic parks and gardens in Wales. All registered historic parks and gardens are of special historic interest and are graded using a system similar to that used for listed buildings (I, II* and II). Subsection (6) explains that references in this section to parks and gardens include places of recreation and other designed grounds, including designed ornamental landscapes. Historic parks and gardens can include a wide range of places — rural parks around country houses, deer parks, town gardens, hospital grounds, cemeteries and public parks, for example. They date from the medieval period to the very recent past. Whilst inclusion in the register does not introduce any specific consent regimes, registered historic parks and gardens, and their settings, may be protected through the planning system.

688.In identifying parks and gardens of special historic interest, the Welsh Ministers are required by subsection (2) to decide whether to include land adjoining or adjacent to the grounds being registered, or any building or water on or adjoining or adjacent to those grounds. This will allow the exercise of professional judgement in determining the most logical boundary line. For example, a grand splayed entrance to a driveway, which is outside the walls of an estate but clearly part of the design, could be included in a register entry. Alternatively, a modern greenhouse or stable block could be excluded from an entry.

689.The Welsh Ministers have published guidance, which is kept under review, to support the management of registered parks and gardens. The guidance at the time of writing these notes, Managing Change to Registered Historic Parks and Gardens in Wales (2017), sets out the general principles to follow when considering changes that may have an impact on registered historic parks and gardens. It is principally aimed at owners and their agents to help them to understand the implications of owning a registered park or garden and managing changes that affect it.

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Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of Senedd Cymru.

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