Historic Environment (Wales) Act 2023

Applications for listed building consent E+W

90 Applying for listed building consent E+W

(1) An application for listed building consent must be made to the planning authority in whose area the listed building is situated, unless it is made to the Welsh Ministers in accordance with—

(a) regulations made under section 105 (applications by planning authorities or the Crown),

(b) section 106 (applications relating to urgent works on Crown land),

(c) section 305 or 306 of the Housing Act 1985 (c. 68) (applications by local housing authorities for consent to demolish buildings in connection with acquisition of land for clearance), or

(d) any other enactment.

(2) An application for listed building consent must contain—

(a) enough information to identify the listed building to which it relates, including a plan,

(b) any other plans and drawings that are necessary to describe the works to which it relates, and

(c) any other information required by the planning authority or the Welsh Ministers (as the case may be).

(3) The Welsh Ministers may by regulations make provision about—

(a) the form and content of an application (which may include provision for using a form to be published or provided by the Welsh Ministers or another person);

(b) how an application must be made.

(4) The Welsh Ministers must by regulations require a person who makes an application of a description specified in the regulations to include with the application a statement about—

(a) how the works will affect the character of the listed building as a building of special architectural or historic interest, and

(b) either or both of the following (as specified in the regulations)—

(i) the design principles that have been applied to the works;

(ii) how issues relating to access to the building have been dealt with.

(5) The Welsh Ministers may by regulations make provision about—

(a) the form and content of a statement required under subsection (4);

(b) other documents or materials that must be included with an application.

(6) A planning authority must not consider an application made to it for listed building consent if the application fails to comply with a requirement imposed by or under this section.

Commencement Information

I1 S. 90 not in force at Royal Assent, see s. 212(2)

I2 S. 90(1)(2)(6) in force at 4.11.2024 by S.I. 2024/860, art. 3(b)

I3 S. 90(3)-(5) in force at 9.9.2024 by S.I. 2024/860, art. 2(1)(c)

91 Notice of application to owners of building E+W

(1) The Welsh Ministers may by regulations require an applicant for listed building consent—

(a) to give notice of the application to every person (other than the applicant) who on a date specified in the regulations is an owner of any part of the listed building to which the application relates, and

(b) to include with the application a certificate issued by the applicant stating that any requirements of the regulations have been complied with.

(2) The regulations may make provision about—

(a) the form and content of a notice or certificate (which may include provision for using a form to be published or provided by the Welsh Ministers or another person);

(b) how notice must be given (which may include provision requiring it to be published).

(3) An application for listed building consent must not be considered if any requirements imposed under subsection (1) or (2) have not been complied with.

(4) The Welsh Ministers may by regulations provide that, where notice has been given of an application in accordance with requirements imposed under those subsections—

(a) the application must not be determined during a period specified in the regulations;

(b) the planning authority or the Welsh Ministers must, in determining the application, take account of representations made during that period by any person who is an owner of any part of the listed building.

(5) It is an offence for a person in purported compliance with a requirement imposed under subsection (1) or (2)—

(a) to issue a certificate containing a statement which the person knows to be false or misleading in a material respect, or

(b) to recklessly issue a certificate containing a statement which is false or misleading in a material respect.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) In this section “owner” means—

(a) an owner of the freehold estate, or

(b) a tenant under a lease granted or extended for a fixed term that has at least 7 years left to run.

Commencement Information

I4 S. 91 not in force at Royal Assent, see s. 212(2)

I5 S. 91(1)(2)(4) in force at 9.9.2024 by S.I. 2024/860, art. 2(1)(d)

I6 S. 91(3), (5)-(7) in force at 4.11.2024 by S.I. 2024/860, art. 3(b)