Historic Environment (Wales) Act 2023

103 Decision on application after service of notice of appeal E+W

(1) This section applies if a person who has made an application for listed building consent appeals under section 100(3) (failure to give notice of decision).

(2) The Welsh Ministers must not determine the appeal before the end of the period which is specified in regulations made by the Welsh Ministers and begins with the day the notice of appeal is served.

(3) The planning authority may give notice of its decision on the application to which the appeal relates at any time before the end of that period.

(4) If the authority gives notice in accordance with subsection (3) that its decision is to refuse the application—

(a) the appeal must be treated as an appeal under section 100(2) against the refusal, and

(b) the Welsh Ministers must give the appellant the opportunity to revise the grounds of appeal.

(5) If the authority gives notice in accordance with subsection (3) that its decision is to grant the application subject to conditions, the Welsh Ministers must give the appellant the opportunity—

(a) to proceed with the appeal as an appeal under section 100(2) against the grant of the application subject to conditions, and

(b) to revise the grounds of the appeal.

Commencement Information

I1 S. 103 not in force at Royal Assent, see s. 212(2)

I2 S. 103(1), (3)-(5) in force at 4.11.2024 by S.I. 2024/860, art. 3(b)

I3 S. 103(2) in force at 9.9.2024 for specified purposes by S.I. 2024/860, art. 2(2)(b)

I4 S. 103(2) in force at 4.11.2024 in so far as not already in force by S.I. 2024/860, art. 3(b)