The Planning (Listed Buildings and Conservation Areas) (Wales) (Amendment) Regulations 2015
Title, commencement, interpretation and application1.
(1)
The title of these Regulations is the Planning (Listed Buildings and Conservation Areas) (Wales) (Amendment) Regulations 2015.
(2)
(3)
These Regulations apply in relation to Wales.
(4)
These Regulations come into force on 22 June 2015.
Amendments of the principal Regulations2.
(1)
The principal Regulations are amended as follows.
(2)
In regulation 12(1)—
(a)
at the end of sub-paragraph (a)(ii), omit “or”;
(b)
omit sub-paragraph (b); and
(c)
after the words “within six months of notice of the decision”, omit “or of the expiry of the appropriate period allowed under regulation 3(5), as the case may be,”.
(3)
In regulation 12(2), for the words “Such a person must also” substitute “An applicant who wishes to appeal against a decision of a local planning authority mentioned in sub-paragraph (1) or following the failure of a local planning authority to give notice of their decision or of the reference of the application to the Welsh Ministers must”.
(4)
“Appeal made: functions of the local planning authority12A.
The additional period prescribed for the purposes of section 20A of the Act is four weeks.”
Transitional provisions3.
The amendments made to the principal Regulations by regulation 2 of these Regulations do not apply to any appeal relating to an application made before these Regulations come into force and accordingly, the principal Regulations, in the form in which they existed immediately before the coming into force of these Regulations, continue to apply to those appeals.
These Regulations amend the Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (“the principal Regulations”).
Regulation 2(2) and (3) amends regulation 12 of the principal Regulations by removing the six month time limit for lodging an appeal following the failure of a local planning authority to determine an application for listed building consent within the determination period prescribed in regulation 3(5) of the principal Regulations.
Regulation 2(4) inserts a provision into the principal Regulations prescribing an additional period of four weeks for the purposes of section 20A of the Planning (Listed Buildings and Conservation Areas) Act 1990.
Regulation 3 makes transitional provisions.
The Regulatory Impact Assessment applicable to these Regulations is obtainable from the Welsh Government at: Cathays Park, Cardiff CF10 3NQ and on the Welsh Government website at www.wales.gov.uk.