The Planning (Listed Buildings and Conservation Areas) (Wales) (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the 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.