The Listed Buildings (Heritage Partnership Agreements) (Wales) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made under powers given to the Welsh Ministers by the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) (“the 1990 Act”). They make provision about heritage partnership agreements relating to listed buildings in Wales.

The 1990 Act protects buildings of special architectural or historic interest, which may include buildings, structures or erections. The 1990 Act provides that the Welsh Ministers must compile a list of such buildings in Wales. Particular types of works may only be carried out to a “listed building” if they are authorised by the local planning authority or by the Welsh Ministers. This authorisation is called “listed building consent” and is granted under Part 1 of the 1990 Act.

The Historic Environment (Wales) Act 2016 (anaw 4) amended the 1990 Act to introduce a “heritage partnership agreement”. This is an agreement between the owner of a listed building in Wales and either the local planning authority or the Welsh Ministers or both. There may also be additional parties to a heritage partnership agreement, including any person who has special knowledge of or interest in the listed building, generally or specifically. Section 26M(2) of the 1990 Act provides that heritage partnership agreements may relate to more than one listed building provided that either the relevant local planning authority or the Welsh Ministers are party to it together with an owner of the building or part of the building.

A heritage partnership agreement may grant listed building consent under section 8(1) of the 1990 Act in respect of specified works for the alteration or extension of the listed building to which the agreement relates. That consent may be subject to conditions.

Section 26M(3) of the 1990 Act requires the Welsh Ministers to make Regulations to make further provision about certain aspects of the content of heritage partnership agreements and the procedures for agreeing and terminating agreements.

Regulation 3 sets out matters which must be included in a heritage partnership agreement. They include things such as enough information to identify the building to which the agreement relates and the duration of the agreement.

Regulations 4 to 6 make provision about consultation and publicity requirements in certain circumstances. Those circumstances are where they grant or vary listed building consent for works which would affect the character of a listed building as a building of special architectural or historic interest or where they extend the duration of an agreement.

Regulation 5 provides that the local planning authority must consult with the Welsh Ministers before they make or vary a heritage partnership agreement.

Regulation 6 requires a local planning authority to publicise draft heritage partnership agreements or draft variations to agreements in a number of ways. Those include drawing it to the attention of any owner and long-term occupier who is not a proposed party to the agreement or variation and making the proposed agreement or variation available for public inspection and on a website for a specified number of days. Notice of the proposed agreement or variation must be displayed near the building and served on certain interested parties. A minimum of 21 days must be allowed for representations to be made.

Regulation 7 requires the local planning authority or the Welsh Ministers to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest in considering whether to make or vary an agreement.

Regulation 8 provides that the local planning authority must publish a list of the heritage partnership agreements to which it is a party which are in effect and must, as soon as practicable after making a heritage partnership agreement or variation, include reference to the agreement or variation in a list, published by electronic means, and submit a copy to the Welsh Ministers.

Regulations 9 and 10 provide for local planning authorities or the Welsh Ministers, by order to terminate a heritage partnership agreement or any provision of such an agreement, without the agreement of the other parties to the agreement. Any order made by a local planning authority must be confirmed by the Welsh Ministers before it can take effect.

Regulation 11 provides for a procedure for exercising those powers of termination; that the local planning authority or the Welsh Ministers, as the case may be, may only do so where they serve notice of their intentions on interested parties. Those parties have 28 days within which to require the opportunity of being heard by the Welsh Ministers.

Regulation 12 provides for the compensation that the local planning authority may be required to pay after a heritage partnership agreement is terminated. If a person has incurred specified expenditure or has otherwise sustained loss or damage as a result of the termination, the local planning authority may be required to compensate that person.

Regulation 13 provides that the provisions of the 1990 Act listed in the Schedule are disapplied or modified for the purposes of heritage partnership agreements.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Cadw, Welsh Government, Tŷ’r Afon, Bedwas Road, Caerphilly, CF83 8WT and from the Welsh Government’s website at www.gov.wales.