PART 3 BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

CHAPTER 2 CONTROL OF WORKS AFFECTING LISTED BUILDINGS

Appeals to the Welsh Ministers

100 Right to appeal against planning authority decision or failure to make decision
(1) This section applies where an application has been made to a planning authority for—
(a) listed building consent,
(b) the variation or removal of conditions of listed building consent, or
(c) approval of details of works under a condition of listed building consent.
(2) The applicant may appeal to the Welsh Ministers if the planning authority—
(a) refuses the application, or
(b) grants the application subject to conditions or, in the case of an application for the variation or removal of conditions, grants it and imposes new conditions.
(3) The applicant may also appeal to the Welsh Ministers if the planning authority has done none of the following within the determination period—
(a) given notice to the applicant of its decision on the application, or
(b) in the case of an application for listed building consent or for the variation or removal of conditions, given notice to the applicant that it has—
(i) exercised its power under section 93 to refuse to consider the application, or
(ii) referred the application to the Welsh Ministers under section 94.
(4) In subsection (3) “the determination period” means—
(a) the period specified in regulations made by the Welsh Ministers, or
(b) a longer period agreed in writing between the applicant and the planning authority.

S. 100 not in force at Royal Assent, see s. 212(2)
S. 100(1)-(3), (4)(b) in force at 4.11.2024 by S.I. 2024/860, art. 3(b)
S. 100(4)(a) in force at 9.9.2024 by S.I. 2024/860, art. 2(1)(g)
S. 100 excluded (4.11.2024) by The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 (S.I. 2024/930), regs. 1(2), 20