The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012

Explanatory Note

(This note is not part of the Regulations)

These Regulations consolidate with amendments the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (“the principal Regulations”) and subsequent amending instruments, in so far as they apply to Wales. Most provisions of the principal Regulations are carried forward subject, in some cases, to minor drafting changes. The opportunity has been taken to re-order some of the material.

Regulations 3 and 4 make changes to the form and content of applications for listed building and conservation area consents and applications to vary or discharge conditions attached to listed building or conservation area consents. Applications must be made on a form provided by the Welsh Ministers and include the prescribed information.

The Regulations make procedural provisions for applications for listed building consent, for conservation area consent, for the variation or discharge of conditions attached to listed building or conservation area consents and for appeals in respect of these matters (regulations 3 to 12).

The Regulations also provide for other procedural matters relating to listed building and conservation area consents: procedural provisions for compensation and listed building purchase notices (regulation 13); the manner that unopposed revocation or modification of consent orders must be advertised (regulation 14); for the application and modification of legislation in relation to enforcement notices for listed buildings and unlisted buildings in conservation areas (regulations 15 and 16) and notices of listed buildings (regulation 17).

The Regulations contain transitional provisions for applications for listed building and conservation area consent made within one month of these Regulations coming into force. The Regulations revoke previous statutory instruments which they replace and make consequential amendments to other instruments.

An impact assessment was prepared in relation to these Regulations. It has been placed in the library of the Welsh Government and copies may be obtained from the Planning Directorate, the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.