EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made under powers given to the Welsh Ministers by the Historic Environment (Wales) Act 2023 (“the 2023 Act”). The 2023 Act forms part of a code of law relating to the historic environment of Wales. These Regulations also form part of that Code.
The 2023 Act protects buildings of special architectural or historic interest, which may include buildings or structures. That Act provides that the Welsh Ministers must maintain a list of such buildings in Wales. Particular types of works may only be carried out to a “listed building” if they are authorised by the planning authority or by the Welsh Ministers. This authorisation is called “listed building consent” and is granted under Part 3 of the 2023 Act.
The framework for applications for listed building consent and changes to it is set out in sections 90 to 99 of the 2023 Act. The framework for appeals in relation to applications for listed building consent is set out in sections 100 to 104 of that Act. There are provisions about the service of notices and other documents in section 205 of that Act.
The 2023 Act also protects areas of special architectural or historic interest. That Act requires planning authorities to determine which such areas it is desirable to preserve or enhance, and designate such areas as “conservation areas”. Broadly, works for the demolition of a building in a conservation area are prohibited unless the works are authorised by the planning authority. This authorisation is called “conservation area consent” and is granted under Part 4 of the 2023 Act.
The framework for applications for conservation area consent and appeals in relation to such applications is based on the framework for listed buildings and is set out in section 163 of the 2023 Act.
Part 1 of these Regulations makes further provision about applications for listed building consent, where those applications relate to listed buildings in Wales. It includes provision about notifying people about and publicising applications for, listed building consent and conservation area consent.
Regulation 3 makes further provision about the form and content of, and how to make, an application for listed building consent.
Regulation 4 makes provision about the matters which the statement known as a heritage impact statement must describe and explain. Section 90(4) of the 2023 Act requires the statement to be included with an application for listed building consent.
Regulation 5 requires an applicant for listed building consent to give notice, before making an application, to any other owners of the building. It also sets out how that notice must be given.
Regulation 6 requires applicants to provide a certificate with their application for listed building consent setting out the steps that they have taken to give notice.
Regulation 7 and Schedule 1 deal with acknowledging an application for listed building consent.
Regulation 8 sets out requirements for publicising applications for listed building consent and conservation area consent.
Regulation 9 requires the planning authority to notify the listed amenity societies and the Royal Commission on the Ancient and Historical Monuments of Wales when it receives an application for listed building consent which involves demolition or partial demolition of a building.
Regulation 10 sets out the procedure to be followed when an application for listed building consent is referred to the Welsh Ministers under section 94 of the 2023 Act.
Regulation 11 disapplies the requirement to notify the Welsh Ministers of applications for listed building consent in section 95(1) of the 2023 Act in respect of works affecting only the interior of a building which is classified as Grade II (unstarred).
Regulation 12 sets requirements about making decisions on applications for listed building consent.
Regulation 13 and Schedule 2 set out the requirements for notifying an applicant of the decision on their application for listed building consent, or that the application has been referred to the Welsh Ministers for a decision.
Regulation 14 applies and adapts the requirements of regulation 9, about notifying national amenity societies and the Royal Commission on the Ancient and Historical Monuments of Wales of applications, to decisions on applications for listed building consent.
Regulation 15 applies and adapts the provisions of regulations 3 to 14 to applications for the variation or removal of conditions of listed building consent. It also introduces a form in Schedule 3.
Part 2 of these Regulations makes further provision about the procedure for appeals in relation to applications for listed building consent.
Regulation 16 sets out the procedure, including requirements about giving notice and providing information, for making an appeal in relation to an application for listed building consent.
Regulation 17 sets out when an application for listed building consent can be varied after notice of appeal has been given.
Regulation 18 prescribes that the period within which the Welsh Ministers may not determine an appeal against failure to give notice of a decision is 4 weeks.
Part 3 of these Regulations makes further provision for special cases, being applications by planning authorities and in respect of Crown land (land in which there is a Crown interest or a Duchy interest).
Regulation 19 makes provision for applications by a planning authority for listed building consent for demolition to be made to the Welsh Ministers. It also applies and modifies appropriate parts of the 2023 Act and these Regulations for that purpose.
Regulation 20 provides that there is no right to appeal to the Welsh Ministers against a decision made by a planning authority on an application by a planning authority for listed building consent.
Regulation 21 modifies provisions of these Regulations when an application for listed building consent is made in respect of Crown land.
Regulation 22 makes provision for the procedure for applications relating to urgent works on Crown land and modifies these Regulations for that purpose.
Part 4 of these Regulations makes provision in relation to conservation areas.
Regulation 23 limits the general requirement in section 161(1) of the 2023 Act for demolition of a building in a conservation area to be authorised. It lists the buildings to which the requirement for demolition in conservation areas to be authorised does not apply.
Regulation 24 applies the relevant provisions of these Regulations to applications for conservation area consent and related matters such as appeals. It also modifies provisions of these Regulations for that purpose.
Part 5 of these Regulations makes miscellaneous provision and contains consequential amendments. It also revokes obsolete statutory instruments and withdraws obsolete directions.
Regulation 25 sets out the procedure for the advertisement of an unopposed revocation or modification order made under section 107 of the 2023 Act.
Regulation 26 prescribes the interest rate for the cost of urgent works carried out under section 145 of the 2023 Act.
Regulation 27 and Schedule 4 make consequential amendments. They include amendments which adapt the procedures in these Regulations to applications which are connected with proposals under the Transport and Works Act 1992 or proposals which are for a development of national significance under section 62D of the Town and Country Planning Act 1990.
Regulation 28 and Schedule 5 revoke statutory instruments and withdraw directions.
The statutory instruments which are revoked are the Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 and subsequent amending instruments, and the Listed Buildings (Urgent Works) (Interest Rate on Expenses) (Wales) Order 2017.
The Directions which are withdrawn are the Listed Building Applications and Decisions (Duty to Notify National Amenity Societies and the Royal Commission) (Wales) Direction 2022, the Listed Building Consent Applications (Disapplication of Duty to Notify Welsh Ministers) (Wales) Direction 2017 No. 25 and the Conservation Areas (Disapplication of Requirement for Conservation Area Consent for Demolition) (Wales) Direction 2017 No. 27.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.