SCHEDULE 5Demolition in conservation areas
PART 1Modifications to primary legislation
F11.
Section 162(1)(a) of the Historic Environment (Wales) Act 2023 is to be read as if, before “written consent”, there were inserted “in the case of a decision on a secondary consent under section 62F(2) of the Town and Country Planning Act 1990, written consent to carry them out has been granted by the Welsh Ministers, or in any other case,”
.
PART 2Modifications to secondary legislation
F22.
(1)
In their application in relation to a conservation area consent which is connected to an application for a nationally significant development under section 62D of the Town and Country Planning Act 1990, the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 apply with the following modifications and exceptions (and see regulation 24 of those Regulations).
Provision | Modification or disapplication |
|---|---|
Regulation 3 (applying for listed building consent) | Regulation 3 is to be read as if, in paragraph (3), for “the planning authority to which the application is made” there were substituted |
Regulation 7 (acknowledgement of application for listed building consent) | Regulation 7 is to be read as if there were substituted— “7. If the Welsh Ministers consider that an application does not comply with a requirement imposed by section 90(2) of the 2023 Act or by these Regulations, the Welsh Ministers must notify the applicant as soon as reasonably practicable.” |
Regulation 8 (advertisement of applications) | Regulation 8 does not apply. |
Regulation 12 (decision on application) | Regulation 12 is to be read as if there were substituted— “12. The Welsh Ministers must give notice of their decision before the end of the determination period referred to in section 62L of the Town and Country Planning Act 1990.” |
Regulation 13 (notice of decision or referral to the Welsh Ministers) | Regulation 13 is to be read as if— (a)in paragraph (1)— (i)in the words before sub-paragraph (a), the reference to the planning authority were to the Welsh Ministers; (ii)sub-paragraph (b) and the “or” before it were omitted; (b)for paragraph (2) there were substituted—
(c)in paragraph (3)— (i)for “the planning authority decides” there were substituted (ii)sub-paragraph (b) and the “and” before it were omitted. |
Regulation 19 (applications by a planning authority for demolition of a listed building) | Regulation 19 does not apply. |
Regulation 22 (publicity for applications relating to urgent works on Crown land) | Regulation 22 does not apply. |
(2)
In this paragraph, “conservation area consent” has the meaning given in section 162 of the Historic Environment (Wales) Act 2023.
3.
(1)
The 2016 Order applies with the following modifications.
(2)
Article 15 (acceptance of applications) is to be read as if in the case of a consent under F3section 162 of the Historic Environment (Wales) Act 2023, the application is accompanied by those items listed in F4regulation 3 of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024.
(3)
Article 18 (publicity for applications for planning permission: Welsh Ministers) does not apply in relation to any application for—
(a)
listed building consent to carry out works affecting only the interior of a building which when last notified to the local planning authority by the Welsh Ministers as a building of special architectural or historic interest was classified as a Grade II (unstarred) listed building; or
(b)
the variation or discharge of conditions attached to a listed building consent in respect of the interior of such a Grade II (unstarred) listed building.