PART 15GENERAL

Other special cases

404Listed buildings and features of special architectural or historical interest

(1)

In considering whether to grant planning permission under a provision mentioned in subsection (2) for development that affects a listed building or its setting, the Welsh Ministers or a planning authority must have special regard to the desirability of preserving—

(a)

the listed building,

(b)

the setting of the building, and

(c)

any features of special architectural or historic interest that the building possesses.

(2)

The provisions are—

(a)

Chapter 2 of Part 3 (grant of planning permission by development order or local development order);

(b)

Chapters 6 and 7 of that Part (grant of permission on application or appeal);

(c)

paragraph 6 of Schedule 12 (grant of permission instead of confirming purchase notice);

(d)

section 133 (grant of permission on determination of appeal against enforcement notice);

(e)

section 207 and paragraph 1(7) of Schedule 14 (grant of permission by discontinuance order).

(3)

In exercising the powers conferred by sections 266 to 268 (appropriation, disposal and development of land held for planning purposes), a local authority must have regard to the desirability of preserving features of special architectural or historic interest, and in particular listed buildings.

(4)

In this section “listed building” includes a listed building, within the meaning given by section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9), situated in England.