2017 No. 638 (W. 144)
The Planning (Listed Buildings and Conservation Areas) (Wales) (Amendment No. 2) Regulations 2017
Made
Laid before the National Assembly for Wales
Coming into force in accordance with regulation 1(3)
The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 10, 28 29, 74, 911 and 93 of the Planning (Listed Buildings and Conservation Areas) Act 19902 and now exercisable by them3, and in exercise of the powers conferred on them by sections 28B and 44D of that Act4, make the following Regulations:
Title, commencement and application1
1
The title of these Regulations is the Planning (Listed Buildings and Conservation Areas) (Wales) (Amendment No. 2) Regulations 2017.
2
These Regulations apply to Wales.
3
These Regulations come into force on the following dates—
a
this regulation, regulation 2(1), so far as it relates to regulation 2(4) and (5), and regulation 2(4) and (5), on 31 May 2017; and
b
regulation 2(1), so far as it relates to the remaining provisions, and the remaining provisions, on 1 September 2017.
Amendments to the Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 20122
1
The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 20125 are amended as follows.
2
In regulation 3(3) for sub-paragraph (c) substitute—
c
the heritage impact statement required by regulation 6;
3
For regulation 6 and its heading substitute—
Heritage impact statements6
1
Any application to a local planning authority for listed building consent or conservation area consent must be accompanied by a heritage impact statement.
2
In relation to an application for listed building consent, a heritage impact statement must contain—
a
a description of the proposed works (“the works”), including design principles and concepts and a schedule of works;
b
an explanation of the objective that the works are intended to achieve and why they are desirable or necessary;
c
a statement that describes the special architectural or historic interest of the building to which the application relates and its significance with particular reference to the part of the building affected by the works;
d
an assessment of the impact of the works on the special architectural or historic interest of the building and its significance, including a description of any potential benefits or harm to that interest;
e
a summary of the options considered for the purpose of achieving the objective referred to in paragraph (2)(b) and the reasons why the proposals to which the application relates are preferred; and
f
subject to paragraph (4), a description of how any issues relating to access which arise in relation to the works have been dealt with.
3
In relation to an application for conservation area consent, a heritage impact statement must contain—
a
a description of the proposed works (“the demolition works”), including a schedule of works;
b
an explanation of the objective that the demolition works are intended to achieve and why demolition is desirable or necessary;
c
a description of the contribution any building which is proposed to be demolished makes to the character or appearance of the conservation area;
d
an assessment of the impact of the demolition works on the character or appearance of the conservation area, including a description of any potential benefits or harm to the character or appearance of the area;
e
a summary of the options considered for the purpose of achieving the objective referred to in paragraph (3)(b) and the reasons why demolition is preferred.
4
Paragraph (2)(f) does not apply in relation to applications for listed building consent for works which would affect the means of access to, or within, any part of a listed building which is used as a private dwelling.
4
In regulation 13(1) for “under sections 28 or 29 of the Act,” substitute “under sections 28, 29 or 44D of the Act,”.
5
After regulation 13(1) insert—
1A
A claim for compensation made to the Welsh Ministers under section 28B of the Act must be in writing and must be served on the Welsh Ministers by delivering it at the offices of the Welsh Ministers or by sending it to those offices by prepaid post.
6
In the opening words of regulation 13(2) for “paragraph (1)” substitute “paragraph (1) or (1A)”.
Transitional provision3
Regulation 2(2) and (3) does not apply to an application for listed building consent or conservation area consent made before 1 September 2017.
(This note is not part of the Regulations)