PART 3

BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST
CHAPTER 2

CONTROL OF WORKS AFFECTING LISTED BUILDINGS

Dealing with applications for consent

Notification to Welsh Ministers before granting consent
95
1
A planning authority to which an application for listed building consent is made may not grant consent unless—
a
it has notified the Welsh Ministers of the application, giving details of the works for which consent is sought, and
b
the first or second condition is met.
2
The first condition is that the 28 days beginning with the day the Welsh Ministers were notified have ended without the Welsh Ministers either—
a
directing the authority to refer the application to them under section 94, or
b
notifying the authority that they need more time to consider whether to give a direction under that section.
3
The second condition is that the Welsh Ministers have notified the authority that they do not intend to direct it to refer the application to them.
4
The Welsh Ministers may by regulations provide that subsection (1) does not apply to applications for listed building consent of a description specified in the regulations.
5
The Welsh Ministers may direct a planning authority—
a
that subsection (1) is not to apply to an application to the authority for listed building consent, or
b
that subsection (1) is to apply to an application to the authority despite any provision made by regulations under subsection (4) or by a direction under paragraph (a).
6
A direction may relate to—
a
a particular application for listed building consent, or
b
applications of a description specified in the direction,
and has effect in relation to any application that the authority has not determined.
7
The Welsh Ministers may specify a description of applications under subsection (4) or (6)(b) by reference to the opinion of any person, the availability of specialist advice in relation to the applications, or any other circumstance.