PART 3

BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
CHAPTER 2

CONTROL OF WORKS AFFECTING LISTED BUILDINGS

Appeals to the Welsh Ministers

Right to appeal against planning authority decision or failure to make decision
100
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(1)-(3), (4)(b) in force at 4.11.2024 by S.I. 2024/860, art. 3(b)
S. 100 not in force at Royal Assent, see s. 212(2)
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
Pts. 3-5 applied (4.11.2024) by S.I. 1999/1736, art. 11(1) (as amended by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 23(a))
S. 100(4)(a) in force at 9.9.2024 by S.I. 2024/860, art. 2(1)(g)