Historic Environment (Wales) Act 2023

182 Validity of certain decisions and orders relating to buildings E+W

(1) The validity of a decision or order to which this section applies may not be questioned in any legal proceedings except an application for statutory review under section 183.

(2) The decisions to which this section applies are—

(a) a decision on a review under section 81 (review of listing decision);

(b) a decision on an application referred to the Welsh Ministers under section 94 (reference of application for listed building consent or conservation area consent or for the variation or removal of conditions);

(c) a decision on an appeal under section 100 (appeal against decision or failure to make decision on application for consent, for the variation or removal of conditions or for approval of details);

(d) a decision on an application for listed building consent or conservation area consent made to the Welsh Ministers under section 106 (urgent works on Crown land);

(e) a decision under paragraph 2 of Schedule 9 to confirm or not to confirm a purchase notice, including—

(i) a decision to confirm the notice in relation to only part of the land to which it relates, and

(ii) a decision to grant listed building consen‍t or conservation area consent, or direct that consent must be granted, instead of confirming the notice in relation to the land or any part of it;

(f) a decision under section 128(3)(a) or (b) (determination of appeal against enforcement notice) to grant listed building consent or conservation area consent or remove a condition of consent.

(3) The orders to which this section applies are—

(a) an order under section 107 (modification or revocation of consent) made by a planning authority (whether or not it has been confirmed by the Welsh Ministers) or the Welsh Ministers;

(b) an order under section 115 (termination of listed building partnership agreement or provision of agreement) made by a planning authority or the Welsh Ministers;

(c) an order under section 181(orders relating to costs of parties) made in connection with a decision mentioned in subsection (2) or an order mentioned in paragraph (a) or (b).

(4) This section does not prevent any court exercising any jurisdiction in relation to a refusal or failure to make a decision to which this section applies.

Modifications etc. (not altering text)

C1 S. 182(2) modified (4.11.2024) by S.I. 2016/56, Sch. 4 para. 1(3) (as substituted by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 82(b)(ii))

Commencement Information

I1 S. 182 not in force at Royal Assent, see s. 212(2)

I2 S. 182 in force at 4.11.2024 by S.I. 2024/860, art. 3(c)