The Planning (Listed Buildings and Conservation Areas) (Wales) (Amendment) Regulations 2021
Title, coming into force and interpretation1.
(1)
The title of these Regulations is the Planning (Listed Buildings and Conservation Areas) (Wales) (Amendment) Regulations 2021 and they come into force on 16 August 2021.
(2)
Amendments to the 2012 Regulations2.
(1)
Regulation 9 of the 2012 Regulations is amended as follows.
(2)
In paragraph (2) omit “, alteration or extension”.
(3)
In paragraph (3) for “Any such application” substitute “An application under paragraph (2)”.
(4)
Omit paragraph (5).
(5)
“(8)
Where a local planning authority require listed building consent for the alteration or extension of a listed building in their area the application must not be determined by—
(a)
a committee or sub-committee of the local planning authority if that committee or sub-committee is responsible (wholly or partly) for the management of any building to which the application relates, or
(b)
by an officer of the local planning authority if their responsibilities include any aspect of the management of any building to which the application relates.
(9)
Where an application for listed building consent for the alteration or extension of a listed building is made by a local planning authority and the application for listed building consent is determined by that authority, section 20 of the Act (right to appeal against decision or failure to take decision) shall not apply.”
Transitional provision3.
The amendments made by these Regulations do not apply to any application made in accordance with regulation 9(2) of the 2012 Regulations before the coming into force of these Regulations.
These Regulations amend the Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 (“the 2012 Regulations”).
Regulation 2(2) removes the requirement for an application made by a local planning authority for the alteration or extension of a listed building in their area to have to be referred to the Welsh Ministers for determination. Regulation 2(3) and (4) are consequential on regulation 2(2).
Regulation 2(5) inserts two paragraphs in regulation 9 of the 2012 Regulations. New paragraph (8) provides that the committee or sub-committee that determines an application by the local planning authority cannot have been involved in the management of the building. New paragraph (9) provides that where an application of the local planning authority is determined by that authority, there is no right of appeal.
Regulation 3 contains a transitional provision that provides that any application made by a local planning authority for the alteration or extension of a listed building in their area before the coming into force of these Regulations will be determined by the Welsh Ministers.
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 the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and is published on the Welsh Government website at www.gov.wales.