Legalize / United Kingdom / Wales / Act of Senedd Cymru

Historic Environment (Wales) Act 2023

Type Act of Senedd Cymru

Publication 2023-06-14

Last updated 2025-12-15

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

(1) The Welsh Ministers may dispose of any land acquired by them under section 43, 44 or 53.

(2) A local authority may dispose of any land acquired by it under section 44 or 53, but must consult the Welsh Ministers before doing so.

(3) Where the land disposed of under this section is or includes a monument, the disposal must be made on terms the person disposing of the land considers will ensure the preservation of the monument.

(4) But subsection (3) does not apply if the person disposing of the land considers that it is no longer practicable to preserve the monument (whether because of the cost of preserving it or otherwise).

Public access to monuments under public control

55

(1) The Welsh Ministers and any local authority must ensure the public has access to any monument which is under their or its ownership or guardianship by virtue of this Chapter; but this is subject to—

(a) the following provisions of this section,

(b) any regulations or byelaws made under section 56, and

(c) any provision to the contrary included in any agreement relating to the monument made under section 25 or 51 (scheduled monument partnership agreements and management agreements).

(2) In relation to any monument under guardianship, the duty imposed by subsection (1) is also subject to any provision to the contrary in the guardianship deed.

(3) References in the following subsections to a monument are—

(a) in relation to the Welsh Ministers, to a monument which—

(i) is under their ownership or guardianship by virtue of this Chapter;

(ii) is under their control or management otherwise than by virtue of this Chapter;

(b) in relation to a local authority, to a monument which is under its ownership or guardianship by virtue of this Chapter.

(4) The Welsh Ministers or a local authority may control the times of normal public access to a monument.

(5) The Welsh Ministers or a local authority may exclude the public from access to a monument, or to any part of it, for any period they consider or it considers necessary—

(a) in the interests of safety;

(b) for its maintenance or preservation;

(6) The Welsh Ministers or a local authority may also impose other restrictions or controls on public access to a monument, or to any part of it, for a purpose mentioned in subsection (5).

(7) The Welsh Ministers or a local authority may charge the public for admission to a monument.

(8) The Welsh Ministers or a local authority may refuse a person admission to a monument if they have or it has reason to believe that the person is likely to do anything likely to damage the monument or its amenities or to disturb the public in their enjoyment of it.

Power to make regulations and byelaws in connection with public access to monuments under public control

56

(1) The Welsh Ministers may regulate public access to any monument under their ownership or guardianship by virtue of this Chapter by making regulations that prohibit or regulate any act or thing likely to damage the monument or its amenities or disturb the public in their enjoyment of it.

(2) Regulations under subsection (1) may also make provision in relation to any monument under the control or management of the Welsh Ministers otherwise than by virtue of this Chapter.

(3) A local authority may regulate public access to any monument under its ownership or guardianship by virtue of this Chapter by making byelaws that prohibit or regulate any act or thing likely to damage the monument or its amenities or disturb the public in their enjoyment of it.

(4) A person who fails to comply with provision made by regulations or byelaws under this section commits an offence.

(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) Byelaws made under this section may make different provision in relation to different monuments or different descriptions of monument.

(7) Byelaws under this section do not take effect unless they are confirmed by the Welsh Ministers.

(8) The Welsh Ministers may confirm the byelaws with or without modifications.

Provision of facilities for the public in connection with monuments of special historic interest

57

(1) The Welsh Ministers may provide facilities, information and other services to the public for or in connection with providing public access—

(a) to any monument under their ownership or guardianship by virtue of this Chapter, or

(b) to any monument otherwise under their control or management.

(2) A local authority may provide facilities, information and other services to the public for or in connection with providing public access to any monument under its ownership or guardianship by virtue of this Chapter.

(3) Facilities and information or other services for the public may be provided under this section in or on the monument itself or on any land associated with the monument.

(4) The Welsh Ministers or a local authority may charge for the use of any facility or service provided by them or it under this section.

CHAPTER 7 — GENERAL

Damage to monuments

Offence of damaging certain monuments of special historic interest

58

(1) A person who without lawful excuse destroys or damages a protected monument is guilty of an offence if the person—

(a) knew or ought reasonably to have known that it was a protected monument, and

(b) intended to destroy or damage the monument or was reckless as to whether the monument would be damaged or destroyed.

(2) In subsection (1) “protected monument” means—

(a) a scheduled monument, or

(b) a monument under the ownership or guardianship of the Welsh Ministers or a local authority by virtue of this Chapter.

(3) This section applies to anything done by or under the authority of the owner of the monument, other than an act for the carrying out of excepted works, as it applies to anything done by any other person.

(4) In subsection (3) “excepted works” means—

(a) works authorised under Chapter 3;

(b) works for which development consent has been granted under the Planning Act 2008 (c. 29);

(5) A person guilty of an offence under this section is liable—

(a) on summary conviction, to a fine or imprisonment for a term not exceeding the applicable limit under section 224(1A)(b) of the Sentencing Code, or both;

(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding 2 years, or both.

Compensation orders for damage to monuments under guardianship

59

(1) Subsection (2) applies where an owner or any other person is convicted of an offence involving damage to a monument which was at the time of the offence under the guardianship of the Welsh Ministers or any local authority by virtue of Chapter 6.

(2) Any compensation order made under Chapter 2 of Part 7 of the Sentencing Code (compensation orders against convicted persons) in respect of that damage is to be made in favour of the Welsh Ministers or the local authority in question (as the case may require).

Restrictions on use of metal detectors

60

(1) In this section—

“consent” (“cydsyniad”) means the written consent of the Welsh Ministers;

“metal detector” (“datgelydd metel”) means any device designed or adapted for detecting or locating any metal or mineral in the ground;

“protected place” (“man gwarchodedig”) means— the site of any scheduled monument, or the site of any monument under the ownership or guardianship of the Welsh Ministers or a local authority by virtue of Chapter 6.

(2) A person commits an offence if the person uses a metal detector in a protected place without consent to do so.

(3) A person given consent to use a metal detector in a protected place commits an offence if the person, in using the metal detector in that place, fails to comply with any condition attached to the consent.

(4) A person commits an offence if the person, without consent to do so, removes any object of archaeological or historical interest which the person has discovered by the use of a metal detector in a protected place.

(5) A person given consent to remove or otherwise deal with any object which the person discovers by the use of a metal detector in a protected place commits an offence if, in removing or otherwise dealing with the object, the person fails to comply with any condition attached to the consent.

(6) In any proceedings for an offence under subsection (2) it is a defence for a person to prove that the person used the metal detector for a purpose other than detecting or locating objects of archaeological or historical interest.

(7) In any proceedings for an offence under subsection (2) or (4) it is a defence for a person to prove that the person—

(a) had taken all reasonable steps to find out whether the place in which the metal detector was used was a protected place, and

(b) did not know, and had no reason to believe, that the place was a protected place.

(8) A person guilty of an offence under subsection (2) or (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) A person guilty of an offence under subsection (4) or (5) is liable on summary conviction, or on conviction on indictment, to a fine.

Urgent works for preservation of scheduled monument

Works for preservation of scheduled monument in cases of urgency

61

(1) If it appears to the Welsh Ministers that any works to which section 11 (requirement for works to be authorised) applies are urgently necessary for the preservation of a scheduled monument, they may enter the site of the monument and carry out those works.

(2) Before exercising the power in subsection (1) the Welsh Ministers must give at least 7 clear days’ written notice to every owner and occupier of the monument.

(3) Where the Welsh Ministers carry out works under this section for repairing any damage to a scheduled monument—

(a) any compensation order previously made in respect of that damage under Chapter 2 of Part 7 of the Sentencing Code in favour of any other person is enforceable (so far as not already complied with) as if it had been made in favour of the Welsh Ministers, and

(b) any such order subsequently made in respect of that damage must be made in favour of the Welsh Ministers.

(4) Where works are carried out under this section, the works are to be treated as authorised works for the purposes of Chapter 3 (control of works affecting scheduled monuments).

Expenditure and advice in relation to monuments

Power of entry on land believed to contain monument of special historic interest

62

(1) The Welsh Ministers may meet or contribute towards the cost of the acquisition by any person of any monument of special historic interest.

(2) The Welsh Ministers may—

(a) remove or assist in the removal of any monument of special historic interest or any part of any such monument to another place for the purpose of preserving it;

(b) meet or contribute towards the cost of the removal of any such monument or any part of any such monument to another place for the purpose of preserving it.

(3) The Welsh Ministers may at the request of an owner of any monument of special historic interest—

(a) undertake or assist in the preservation, maintenance and management of the monument;

(b) meet or contribute towards the cost of the preservation, maintenance and management of the monument.

(4) The Welsh Ministers may contribute towards the cost of the provision of facilities or services for the public by a local authority under section 57.

(5) A local authority may at the request of an owner of any monument of special historic interest in or in the vicinity of its area—

(a) undertake or assist in the preservation, maintenance and management of the monument;

(b) meet or contribute towards the cost of the preservation, maintenance and management of the monument.

(6) Neither the Welsh Ministers nor a local authority may incur expenditure under this section in connection with any building or structure which is occupied as a dwelling by any person other than the caretaker of the building or structure or a member of the caretaker’s family.

Advice and supervision of work by Welsh Ministers

63

(1) The Welsh Ministers may give advice about the treatment of any monument of special historic interest.

(2) The Welsh Ministers may also supervise any work in connection with any monument of special historic interest if invited to do so by an owner of the monument.

(3) The Welsh Ministers must supervise work in connection with any scheduled monument, if they consider it advisable (whether asked to do so by an owner or not).

(4) The Welsh Ministers may charge for giving advice or supervising work under this section.

Expenditure by local authorities on archaeological investigation

64

(1) If a local authority considers that any land in or in the vicinity of its area may contain a monument of special historic interest, or anything else of archaeological or historical interest, the authority may—

(a) carry out or assist in an archaeological investigation of the land, or

(b) meet or contribute towards the cost of an archaeological investigation of the land.

(2) A local authority may publish the results of any archaeological investigation carried out, assisted or wholly or partly funded by it under this section.

(3) The powers in subsection (1) may be exercised in relation to any land forming part of the sea bed within the seaward limits of the territorial sea adjacent to Wales.

Powers of entry

Powers of entry for inspection of scheduled monuments etc.

65

(1) An authorised person may enter any land to inspect a scheduled monument in, on or under the land to assess its condition and assess—

(a) whether any works affecting the monument are being carried out in breach of section 11 (requirement for works to be authorised), or

(b) whether it has been or is likely to be damaged (by such works or otherwise).

(2) An authorised person may enter any land to inspect a scheduled monument in, on or under the land in connection with—

(a) an application for scheduled monument consent for works affecting that monument,

(b) a proposal to modify or revoke a scheduled monument consent for any such works, or

(c) a proposal to make an order under section 27 (termination of scheduled monument partnership agreement or provision of agreement).

(3) An authorised person may enter any land to assess whether any works to which a scheduled monument consent or an authorisation under section 12 relates are or have been carried out in accordance with the terms of the consent or authorisation (including any conditions).

(4) An authorised person may enter any land on which any works to which a scheduled monument consent or an authorisation under section 12 relates are being carried out to—

(a) inspect the land (including any buildings or other structures on the land) to record any matters of archaeological or historical interest, or

(b) observe the carrying out of those works with a view to—

(i) examining and recording any objects or other material of archaeological or historical interest discovered during the course of those works, and

(ii) recording any matters of archaeological or historical interest discovered during the course of those works.

(5) An authorised person may enter any land in, on or under which a scheduled monument is situated to erect and maintain on or near the site of the monument any notice boards and marker posts the Welsh Ministers consider to be desirable to protect the monument from accidental or deliberate damage.

(6) The power in subsection (5) may not be exercised without the agreement of every owner and occupier of the land.

(7) In this section “authorised person” means a person authorised in writing by the Welsh Ministers.

Powers of entry relating to enforcement of controls on works

66

(1) An authorised person may enter any land to—

(a) determine whether a temporary stop notice should be issued;

(b) display a copy of a temporary stop notice in accordance with section 31 or attach it for the purpose of service in accordance with section 206(5)(c);

(2) An authorised person may enter any land to—

(a) determine whether an enforcement notice should be issued;

(b) attach an enforcement notice for the purpose of service in accordance with section 206(5)(c);

(3) In this section “authorised person” means a person authorised in writing by the Welsh Ministers.

Power of entry on land believed to contain monument of special historic interest

67

(1) An authorised person may enter any land in, on or under which the Welsh Ministers know or have reason to believe there is a monument of special historic interest to inspect the land (including any building or other structure on it) with a view to recording any matters of archaeological or historical interest.

(2) An authorised person entering any land in exercise of the power in subsection (1) may carry out excavations in the land for the purposes of archaeological investigation.

(3) An excavation under subsection (2) requires the agreement of every person whose agreement to the making of the excavation would be required apart from this section.

(4) But subsection (3) does not apply if the Welsh Ministers know or have reason to believe that a monument of special historic interest they know or believe to be in, on or under the land is or may be at risk of imminent damage or destruction.

(5) In this section “authorised person” means a person authorised in writing by the Welsh Ministers.

Power of entry for survey and valuation in connection with claim for compensation

68

(1) An authorised person may enter any land to survey it, or estimate its value, in connection with a claim for compensation under this Part for any damage to that land or any other land.

(2) In this section “authorised person” means—

(a) an officer of the Valuation Office of His Majesty’s Revenue and Customs, or

(b) a person authorised in writing by the Welsh Ministers.

(3) The power to survey land under this section includes power to search and bore to determine the nature of the subsoil or the presence of minerals.

Supplementary provision about powers of entry under this Part

69

(1) A power to enter land under this Part may be exercised at any reasonable time; but this subsection does not apply to section 65(5).

(2) A person authorised to enter land under this Part may not demand admission as of right to any land which is occupied unless notice of the intended entry has been given to every occupier—

(a) where the purpose of the entry is to carry out any works on the land (other than excavations in exercise of the power under section 67), at least 14 days before the day of the intended entry, or

(b) in any other case (including excavations in exercise of the power under section 67), at least 24 hours before the day of the intended entry.

(3) Subsection (2) does not apply to entry under—

(a) section 61 (but see subsection (2) of that section), or

(b) section 66(1).

(4) A person authorised to enter land under this Part may not enter any building or structure or part of a building or structure occupied as a dwelling without the agreement of every occupier; but this subsection does not apply to the power in section 68.

(5) A person authorised to enter land under this Part must—

(a) if required to do so by or on behalf of an owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land;

(b) if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

(6) A person entering land in exercise of a power of entry under this Part may take assistance or equipment reasonably required for the purpose to which the entry relates.

(7) Where a person carries out any archaeological investigation or examination of land in the exercise of a power of entry under this Part, the person may take and remove any samples which appear to the person to be reasonably required for the purpose of archaeological analysis.

(8) Where—

(a) a power of entry under this Part is exercisable by a person (“P1”) in relation to any land, and

(b) works are being carried out on the land by another person (“P2”),

P1 must, in exercising the power of entry, comply with any reasonable requirements or conditions imposed by P2 for the purpose of preventing interference or delay to the works.

(9) Subsection (8) does not apply where the works in question are being carried out in breach of section 11 (requirement for works to be authorised).

(10) For the purposes of subsection (8), a requirement or condition is not reasonable if complying with it would frustrate the exercise of the power of entry or the purpose of entry.

(11) A person who intentionally obstructs a person exercising a power of entry under this Part commits an offence.

(12) A person guilty of an offence under subsection (11) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(13) Where a person—

(a) in the exercise of the power of entry under section 68, proposes to carry out works authorised by subsection (3) of that section, and

(b) is required to give notice of the intended entry under subsection (2)(a) of this section,

the person may not carry out the works unless the notice of intended entry includes notice of the person’s intention to carry them out.

(14) Where—

(a) in the exercise of the power of entry under section 68, a person proposes to carry out any works authorised by subsection (3) of that section on land that belongs to a statutory undertaker, and

(b) the undertaker objects to the proposal on the ground that carrying out of the works would be seriously detrimental to the carrying on of its undertaking,

the person may not carry out the works without the agreement of the Welsh Ministers.

Compensation for damage caused by exercise of certain powers under this Part

70

(1) This section applies to any power to enter, or to do anything on, any land under section 40 or sections 65 to 68.

(2) Any person interested in land is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for any damage caused to the land or to property on it in the exercise of a power to which this section applies.

(3) A claim for compensation under this section must be made in writing within 6 months beginning with the day the damage was caused (or if the damage was caused over more than one day, the last day it was caused).

Treatment and preservation of finds

71

(1) This section applies where a person enters land in exercise of a power of entry under this Part—

(a) to carry out excavations in the land or works affecting a monument of special historic interest situated in, on or under the land,

(b) to assess or observe works on the land under section 65(3) or (4)(b), or

(2) The person may—

(a) take temporary custody of any object of archaeological or historical interest discovered during the course of the excavations, works or examination, and

(b) remove the object from its site for the purpose of examining, testing, treating, recording or preserving it.

(3) The appropriate authority may not, without the agreement of every owner, retain the object for longer than is reasonably required to—

(a) examine and record it, and

(b) carry out any test or treatment which appears to the authority to be desirable—

(i) for the purpose of archaeological investigation or analysis, or

(ii) to restore or preserve the object.

(4) In subsection (3) “appropriate authority” means—

(a) in a case where the power of entry was exercised by or on behalf of the Welsh Ministers, the Welsh Ministers, and

(b) in a case where the power of entry was exercised by or on behalf of a local authority, that authority.

(5) This section does not affect any right of the Crown under the Treasure Act 1996 (c. 24).

Supplementary

Duty to maintain historic environment records

72

(1) The validity of a decision or order to which this section applies may not be questioned in any legal proceedings except an application for statutory review under section 73.

(2) The decisions to which this section applies are—

(a) a decision of the Welsh Ministers on an application for scheduled monument consent, and

(b) a decision on a review under section 9.

(3) This section applies to an order under section 20 modifying or revoking a scheduled monument consent.

(4) This section does not prevent any court exercising any jurisdiction in relation to a refusal or failure to make a decision to which this section applies.

Application to High Court for statutory review of decision or order

73

(1) A person aggrieved by a decision or order to which section 72 applies may make an application for statutory review.

(2) An application for statutory review is an application to the High Court questioning the validity of the decision or order on the grounds that—

(a) it is not within the powers conferred by this Act, or

(b) a relevant requirement has not been complied with in relation to the decision or order.

(3) An application for statutory review must be made before the end of 6 weeks beginning with the day after the day the decision or order to which the application relates is made.

(4) On any application for statutory review the High Court—

(a) may make an interim order suspending the operation of the decision or order to which the application relates, until the proceedings are finally determined;

(b) may quash that decision or order if satisfied that—

(i) it is not within the powers conferred by this Act, or

(ii) the interests of the applicant have been substantially prejudiced by a failure to comply with a relevant requirement in relation to the decision or order.

(5) In this section “relevant requirement” means any requirement of—

(a) this Act or the Tribunals and Inquiries Act 1992 (c. 53), or

(b) any subordinate legislation made under this Act or under that Act.

Crown land

74

(1) This Part applies in relation to Crown land only to the extent set out below.

(2) A monument situated in, on or under Crown land may be included in the schedule.

(3) Any restrictions or powers imposed or conferred by this Part apply and are exercisable in relation to Crown land and in relation to anything done on Crown land otherwise than by or on behalf of the Crown, but not so as to affect any interest of the Crown in the land.

(4) This section does not permit—

(a) a power under this Part to enter, or to do anything on, any land to be exercised in relation to Crown land, or

(b) an interest in Crown land held otherwise than by or on behalf of the Crown to be acquired compulsorily under this Part,

without the agreement of the appropriate Crown authority.

Interpretation of this Part

75

(1) In this Part—

“archaeological examination” (“archwiliad archaeolegol”) has the meaning given by subsection (3);

“archaeological investigation” (“ymchwiliad archaeolegol”) has the meaning given by subsection (2);

“enforcement notice” (“hysbysiad gorfodi”) means an enforcement notice issued under section 35;

“flooding operations” (“gweithrediadau i foddi tir”) means covering land with water or another liquid or partially liquid substance;

“guardian” (“gwarcheidwad”) is to be interpreted in accordance with sections 45 and 49;

“guardianship deed” (“gweithred warcheidiaeth”) has the meaning given by section 45(7);

“interim protection” (“gwarchodaeth interim”) has the meaning given by section 6(3);

“local authority” (“awdurdod lleol”) means— a county council or county borough council in Wales, and a National Park authority in Wales;

“monument of special historic interest” (“heneb o ddiddordeb hanesyddol arbennig”) has the meaning given by subsection (6);

“possession” (“meddiant”) includes receipt of rents and profits or the right to receive rents and profits (if any);

“the schedule” (“y gofrestr”) has the meaning given by section 3;

“scheduled monument consent” (“cydsyniad heneb gofrestredig”) has the meaning given by section 13;

“temporary stop notice” (“hysbysiad stop dros dro”) means a temporary stop notice issued under section 31;

“tipping operations” (“gweithrediadau tipio”) means tipping soil or spoil or depositing building or other materials or matter (including waste) on any land;

“works” (“gwaith”) includes— flooding or tipping operations, any operations carried out for the purposes of agriculture (within the meaning of the Town and Country Planning Act 1990 (c. 8)) or forestry (including afforestation), and operations of any other description.

(2) In this Part “archaeological investigation” means any investigation of land, objects or other material for the purpose of obtaining and recording any information of archaeological or historical interest and includes in the case of an archaeological investigation of land—

(a) any investigation for the purpose of discovering and revealing and (where appropriate) recovering and removing any objects or other material of archaeological or historical interest situated in, on or under the land, and

(b) examining, testing, treating, recording and preserving any such objects or material discovered during the course of any excavations or inspections carried out for the purposes of any such investigation.

(3) In this Part “archaeological examination”, in relation to land, means any examination or inspection of the land (including buildings or other structures on the land) for the purpose of obtaining and recording any information of archaeological or historical interest.

(4) In this Part (other than in Chapter 4) references to land associated with a monument (or to associated land) are to be interpreted in accordance with section 49(9).

(5) In this Part references to a monument, in relation to the acquisition or transfer of any monument (whether under this Part or otherwise), include any interest in or right over the monument.

(6) In this Part “monument of special historic interest” means—

(a) any scheduled monument, and

(b) any other monument wholly or mainly in Wales which the Welsh Ministers consider to be of public interest by reason of the historic, architectural, traditional, artistic or archaeological interest attaching to it.

(7) But the reference to a monument in subsection (6)(b) does not include a monument situated in, on or under the bed of the sea below the low water mark.

PART 3 — BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

CHAPTER 1 — LISTING BUILDINGS OF SPECIAL INTEREST

List of buildings

Duty to maintain and publish list of buildings

76

(1) The Welsh Ministers must maintain a list of buildings which must include every building in Wales they consider to be of special architectural or historic interest, and must publish the up-to-date list.

(2) The Welsh Ministers may amend the list by—

(a) adding a building,

(b) removing a building, or

(3) In considering whether a building should be included in the list, the Welsh Ministers may take into account not only the building itself but also—

(a) any way in which the exterior of the building contributes to the architectural or historic interest of any group of buildings of which it forms part, and

(b) the desirability of preserving any artificial feature of the building on the ground of its architectural or historic interest.

(4) In subsection (3)(b) “artificial feature” means any feature of the building consisting of a structure or artificial object that—

(a) is fixed to the building, or

(b) forms part of the land and is within the curtilage of the building.

(5) In this Act “listed building” means a building included in the list maintained under this section, and includes—

(a) any structure or artificial object‍ that is fixed to the building and ancillary to it;

(b) any other structure or artificial object that—

(i) forms part of the land and has done so since before l July 1948, and

(ii) was within the curtilage of the building, and ancillary to it, on the date on which the building was first included in the list, or on 1 January 1969, whichever was later.

(6) In this Part—

(a) “listing” a building means amending the list by adding the building;

(b) “de-listing” a building means amending the list by removing the building.

Notification of listing or de-listing of building

77

(1) As soon as possible after the Welsh Ministers list or de-list a building, they must serve notice that they have done so on—

(a) every owner and occupier of the building, and

(b) every relevant local authority in whose area the building is situated.

(2) Where the Welsh Ministers have listed a building—

(a) the notice must specify the date on which they did so, and

(b) they must include with the notice a copy of the entry for the building in the list maintained under section 76.

(3) A copy of an entry served under this section is a local land charge, and for the purposes of the Local Land Charges Act 1975 (c. 76) the county council or county borough council on which the copy is served is the originating authority as respects the charge.

(4) A relevant local authority must keep available for public inspection—

(a) copies of entries in the list that have been served on it under this section, and

(b) copies of any parts of the list that were deposited with it under section 2(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) or a corresponding provision of any earlier Act, so far as those parts remain up-to-date.

(5) The copies must be available for inspection—

(a) free of charge,

(b) at reasonable times, and

(6) In this section “relevant local authority” means—

(a) a county council or county borough council;

(b) a National Park authority;

Proposals to list and de-list buildings: consultation and interim protection

Consultation before listing or de-listing building

78

(1) Where the Welsh Ministers are proposing to list or de-list a building, they must serve a notice on the persons mentioned in subsection (2) which—

(a) sets out the proposed amendment to the list maintained under section 76, and

(b) invites those persons to make written representations about the proposal.

(2) The persons are—

(a) every owner and occupier of the building,

(b) every planning authority in whose area the building is situated, and

(c) any other persons the Welsh Ministers consider appropriate as having special knowledge of, or special interest in, buildings of architectural or historic interest.

(3) A notice under subsection (1) must—

(a) specify the period within which representations may be made, and

(b) in the case of a proposal to list a building—

(i) include a statement of the effect of section 79 (interim protection), and

(ii) specify the date on which interim protection takes effect under that section.

(4) The period specified under subsection (3)(a) must be at least 28 days beginning with the day the notice is served.

Interim protection pending decision whether to list building

79

(1) This section applies where the Welsh Ministers serve notice under section 78(1) of a proposal to list a building.

(2) From the beginning of the day specified under section 78(3)(b)(ii), this Act (except sections 118 and 137 to 142) and the Town and Country Planning Act 1990 (c. 8) have effect in relation to the building as if it were a listed building.

(3) The protection conferred by virtue of subsection (2) is referred to in this Part as “interim protection”.

(4) The Welsh Ministers must—

(a) publish a list of the buildings subject to interim protection, and

(b) provide a copy of the notice served under section 78(1) in respect of such a building to any person who requests one.

(5) Interim protection ends in relation to a building—

(a) where the Welsh Ministers list the building, at the beginning of the day specified in the notice under section 77(1);

(b) where the Welsh Ministers decide not to list the building, at the beginning of the day specified in a notice served on—

(i) every owner and occupier of the building, and

(ii) every planning authority in whose area the building is situated.

(6) Schedule 7 makes provision about the effect of interim protection coming to an end under subsection (5)(b).

(7) This section does not apply to a building which is a scheduled monument.

Compensation for loss or damage caused by interim protection

80

(1) This section applies where interim protection ends in relation to a building because the Welsh Ministers serve notice under section 79(5)(b) that they have decided not to list the building.

(2) Any person who had an interest in the building when the interim protection took effect is entitled, on making a claim to the Welsh Ministers, to be paid compensation by them for any loss or damage suffered by the person that is directly attributable to the interim protection.

(3) The loss or damage for which compensation is payable includes any amount payable by the claimant in respect of a breach of contract caused by the need to stop or cancel works to the building because of the interim protection.

(4) A claim for compensation under this section must be made in writing within 6 months beginning when the interim protection ends.

(5) Where the building was previously subject to temporary listing under section 83 which ended because the interim protection took effect—

(a) the reference in subsection (2) to the time when the interim protection took effect is to be treated as a reference to the time when the temporary listing took effect;

(b) the reference in that subsection to loss or damage directly attributable to the interim protection includes loss or damage directly attributable to the temporary listing;

(c) the reference in subsection (3) to the need to stop or cancel works because of the interim protection includes the need to do so because of the temporary listing.

Review of listing decisions

Review of decision to list building

81

(1) Where the Welsh Ministers list a building, the notice under section 77(1) must state that any owner or occupier of the building may make an application to the Welsh Ministers requesting a review of the decision.

(2) An application may be made only on the ground that the building is not of special architectural or historic interest.

(3) Where an owner or occupier makes an application for a review, the Welsh Ministers must appoint a person to—

(a) carry out the review, and

(b) make a decision on the review.

(4) The Welsh Ministers may by regulations specify descriptions of cases in which they, instead of a person appointed by them, must carry out and make a decision on a review.

(5) The Welsh Ministers must make any amendment to the list maintained under section 76 they consider appropriate to give effect to a decision on a review.

(6) The Welsh Ministers may by regulations amend subsection (2) to—

(a) add a ground of review;

(b) modify a ground of review;

Supplementary provision about reviews

82

(1) The Welsh Ministers must by regulations make provision about—

(a) the form and way in which an application under section 81 must be made;

(b) the information that must be provided to, or may be required by, the Welsh Ministers in connection with an application;

(2) A review under section 81 must be carried out in one or more of the following ways (as determined by the person carrying out the review)—

(a) by means of a local inquiry;

(b) by means of a hearing;

(3) Where a review is carried out by a person appointed by the Welsh Ministers, the appointed person has the same powers and duties in relation to the review as the Welsh Ministers have under—

(a) any regulations made under section 175 (procedural requirements), and

(b) sections 180 and 181 (costs of Welsh Ministers and parties).

(4) Where a review is carried out by means of a local inquiry, section 177 (power to require evidence) applies to the inquiry as it applies to an inquiry held under Part 5.

(5) The Welsh Ministers may by regulations make further provision in connection with reviews under section 81.

(6) Schedule 2 makes further provision about the functions of persons appointed by the Welsh Ministers to carry out reviews under section 81.

Temporary listing

Service of temporary listing notice

83

(1) This section applies if a planning authority considers that a building in its area which is not a listed building (and is not treated as one by virtue of section 79(2)) is—

(a) of special architectural or historic interest, and

(b) in danger of being demolished or of being altered in a way that would affect its character as a building of special architectural or historic interest.

(2) The authority may serve a temporary listing notice on every owner and occupier of the building.

(3) A temporary listing notice is a notice which—

(a) states that the planning authority—

(i) considers the building to be of special architectural or historic interest, and

(ii) has requested the Welsh Ministers to consider listing it, and

(b) explains the effect of subsection (4), section 85 and Schedule 7.

(4) As soon as a temporary listing notice has been served on every owner and occupier of the building to which it relates, this Act (except sections 118 and 137 to 142) and the Town and Country Planning Act 1990 (c. 8) have effect in relation to the building as if it were a listed building.

(5) The protection conferred by virtue of subsection (4) is referred to in this Part as “temporary listing”.

(6) This section and section 84 do not apply to—

(a) a building which is a scheduled monument, or

(b) an exempt religious building.

Temporary listing in urgent cases

84

(1) This section applies if a planning authority considers it urgent that temporary listing should take effect in relation to a building in its area.

(2) The authority may, instead of serving a temporary listing notice on each owner and occupier of the building—

(a) attach the notice conspicuously to the building, or

(b) if it is not reasonably practicable to attach the notice to the building, or the authority considers that doing so might damage the building, display the notice in a prominent place as near to the building as is reasonably practicable.

(3) Attaching or displaying a notice in accordance with subsection (2) is to be treated for the purposes of section 83(4) as serving the notice on every owner and occupier of the building.

(4) The notice must explain that by virtue of having been attached or displayed in accordance with subsection (2) the notice is treated as having been served for those purposes.

End of temporary listing

85

(1) Temporary listing of a building has effect until the end of the 6 months beginning with the day it takes effect under section 83(4), unless it ends under subsection (2) or (3).

(2) If the Welsh Ministers serve notice under section 78(1) of a proposal to list the building, temporary listing ends when interim protection takes effect in relation to the building (and the building continues to be treated as if it were a listed building for certain purposes by virtue of section 79(2)).

(3) If the Welsh Ministers notify the planning authority in writing that they do not intend to consult under section 78 on a proposal to list the building, temporary listing ends at the beginning of the day specified in the notification.

(4) Schedule 7 makes provision about the effect of temporary listing coming to an end—

(a) at the end of the 6-month period mentioned in subsection (1), or

(b) because the Welsh Ministers give notification under subsection (3) that they do not intend to consult on a proposal to list the building.

(5) If temporary listing ends in relation to a building because the Welsh Ministers notify the planning authority that they do not intend to consult on a proposal to list the building—

(a) the authority must immediately give notice of that decision to every owner and occupier of the building;

(b) the authority may not serve another temporary listing notice in respect of the building during the 12 months beginning with the day the Welsh Ministers give the notification.

Compensation for loss or damage caused by temporary listing

86

(1) This section applies where temporary listing ends in relation to a building—

(a) at the end of the 6-month period mentioned in section 85(1), or

(b) because the Welsh Ministers give notification under section 85(3) that they do not intend to consult on a proposal to list the building.

(2) Any person who had an interest in the building when the temporary listing took effect is entitled, on making a claim to the planning authority in whose area the building is situated, to be paid compensation by the authority for any loss or damage suffered by the person that is directly attributable to the temporary listing.

(3) The loss or damage for which compensation is payable includes any amount payable by the claimant in respect of a breach of contract caused by the need to stop or cancel works to the building because of the temporary listing.

(4) A claim for compensation under this section must be made in writing within 6 months beginning when the temporary listing ends.

Buildings not intended to be listed

Certificate that Welsh Ministers do not intend to list building

87

(1) The Welsh Ministers may, on the application of any person, issue a certificate stating that they do not intend to list a building.

(2) During the 5 years beginning with the day the certificate is issued—

(a) the Welsh Ministers may not list the building or serve notice under section 78(1) of a proposal to list the building;

(b) a planning authority in whose area the building is situated may not serve a temporary listing notice in relation to the building.

(3) An applicant for a certificate must give notice of the application to every planning authority in whose area the building is situated at the same time as submitting the application to the Welsh Ministers.

CHAPTER 2 — CONTROL OF WORKS AFFECTING LISTED BUILDINGS

Authorisation of works

Requirement for works to be authorised

88

(1) A person must not carry out works to which this section applies, or cause such works to be carried out, unless the works are authorised under section 89.

(2) This section applies to—

(a) works for the alteration or extension of a listed building in any way that would affect its character as a building of special architectural or historic interest;

(b) works for the demolition of a listed building.

(3) But this section does not apply to—

(a) works in relation to a building which is a scheduled monument (but see section 11);

(b) works in relation to an exempt religious building;

(c) works for the demolition of a building closed for regular public worship, or a part of such a building, in accordance with provision made under Part 6 of the Mission and Pastoral Measure 2011 (No. 3) by a pastoral church buildings scheme or a pastoral (church buildings disposal) scheme;

(d) works carried out by or on behalf of the Crown in the circumstances set out in paragraphs (a) to (d) of section 117(4) (emergency works).

(4) This section is subject to section 20(1)(c)(ii)of the Infrastructure (Wales) Act 2024 (authorisation by listed building consent not required for development to the extent that infrastructure consent is required).

89

(1) Works to which section 88 applies are authorised if—

(a) written consent to carry them out has been granted by the planning authority in whose area the building is situated or the Welsh Ministers, and

(b) the works are carried out in accordance with the terms of the consent (including any conditions attached to it).

(2) Where—

(a) works to which section 88 applies have been carried out without being authorised under subsection (1), and

(b) the planning authority or the Welsh Ministers grant written consent for the works,

the works are authorised from the grant of that consent.

(3) Consent under subsection (1) or (2) is referred to in this Act as listed building consent.

90

(1) An application for listed building consent must be made to the planning authority in whose area the listed building is situated, unless it is made to the Welsh Ministers in accordance with—

(a) regulations made under section 105 (applications by planning authorities or the Crown),

(b) section 106 (applications relating to urgent works on Crown land),

(c) section 305 or 306 of the Housing Act 1985 (c. 68) (applications by local housing authorities for consent to demolish buildings in connection with acquisition of land for clearance), or

(d) any other enactment.

(2) An application for listed building consent must contain—

(a) enough information to identify the listed building to which it relates, including a plan,

(b) any other plans and drawings that are necessary to describe the works to which it relates, and

(3) The Welsh Ministers may by regulations make provision about—

(a) the form and content of an application (which may include provision for using a form to be published or provided by the Welsh Ministers or another person);

(b) how an application must be made.

(4) The Welsh Ministers must by regulations require a person who makes an application of a description specified in the regulations to include with the application a statement about—

(a) how the works will affect the character of the listed building as a building of special architectural or historic interest, and

(b) either or both of the following (as specified in the regulations)—

(i) the design principles that have been applied to the works;

(ii) how issues relating to access to the building have been dealt with.

(5) The Welsh Ministers may by regulations make provision about—

(a) the form and content of a statement required under subsection (4);

(b) other documents or materials that must be included with an application.

(6) A planning authority must not consider an application made to it for listed building consent if the application fails to comply with a requirement imposed by or under this section.

Notice of application to owners of building

91

(1) The Welsh Ministers may by regulations require an applicant for listed building consent—

(a) to give notice of the application to every person (other than the applicant) who on a date specified in the regulations is an owner of any part of the listed building to which the application relates, and

(b) to include with the application a certificate issued by the applicant stating that any requirements of the regulations have been complied with.

(2) The regulations may make provision about—

(a) the form and content of a notice or certificate (which may include provision for using a form to be published or provided by the Welsh Ministers or another person);

(b) how notice must be given (which may include provision requiring it to be published).

(3) An application for listed building consent must not be considered if any requirements imposed under subsection (1) or (2) have not been complied with.

(4) The Welsh Ministers may by regulations provide that, where notice has been given of an application in accordance with requirements imposed under those subsections—

(a) the application must not be determined during a period specified in the regulations;

(b) the planning authority or the Welsh Ministers must, in determining the application, take account of representations made during that period by any person who is an owner of any part of the listed building.

(5) It is an offence for a person in purported compliance with a requirement imposed under subsection (1) or (2)—

(a) to issue a certificate containing a statement which the person knows to be false or misleading in a material respect, or

(b) to recklessly issue a certificate containing a statement which is false or misleading in a material respect.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) In this section “owner” means—

(a) an owner of the freehold estate, or

(b) a tenant under a lease granted or extended for a fixed term that has at least 7 years left to run.

Procedure for dealing with application

92

(1) A planning authority must deal with an application for listed building consent made to the authority unless—

(a) it is required not to consider the application under section 90(6) or 91(3), or refuses to do so under section 93 (similar applications), or

(b) it is required to refer the application to the Welsh Ministers under section 94.

(2) The Welsh Ministers may by regulations—

(a) impose requirements relating to publicity for applications for listed building consent made to planning authorities or the Welsh Ministers;

(b) impose requirements for consultation or notification in relation to applications;

(d) require planning authorities or the Welsh Ministers, in determining applications, to take account of responses from persons consulted or notified;

(e) make provision about the time within which a planning authority or the Welsh Ministers must deal with an application.

(3) The Welsh Ministers may direct a planning authority to notify persons specified in the direction of—

(a) an application made to the authority for listed building consent, and

(b) the decision taken by the authority on the application.

(4) A direction may relate to—

(a) a particular case, or

(b) cases of a description specified in the direction.

Power to refuse to consider similar applications

93

(1) A planning authority may refuse to consider an application for listed building consent if the first and second conditions are met.

(2) The first condition is that in the 2 years ending with the day the authority receives the application any of the following has occurred—

(a) the Welsh Ministers have refused a similar application for listed building consent referred to them under section 94,

(b) the Welsh Ministers have dismissed—

(i) an appeal under section 100(2) against the refusal of a similar application for listed building consent, or

(ii) an appeal under section 100(3) relating to a similar application, or

(i) there has been no appeal to the Welsh Ministers, or

(ii) any appeal to the Welsh Ministers has been withdrawn.

(3) The second condition is that the planning authority considers that there has been no significant change in any relevant considerations since—

(a) the Welsh Ministers refused the similar application, in a case falling within subsection (2)(a),

(b) the Welsh Ministers dismissed the appeal, in a case falling within subsection (2)(b), or

(4) For the purposes of this section an application is similar to another application if (and only if) the planning authority considers that the listed building and works to which the applications relate are the same or substantially the same.

Reference of application to Welsh Ministers

94

(1) The Welsh Ministers may direct a planning authority to refer an application for listed building consent to them for determination instead of dealing with the application itself.

(2) A direction may relate to a particular application, or to applications in relation to buildings specified in the direction.

(3) A planning authority must refer an application to which a direction under this section applies to the Welsh Ministers.

(4) A planning authority must refer an application for listed building consent to the Welsh Ministers for determination, without being directed to do so, if the consent is sought in consequence of proposals included in an application for an order under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders relating to construction or operation of railways, tramways, inland waterways etc.).

(5) Chapter 2 of Part 5 makes provision about the procedure for the consideration of applications referred to the Welsh Ministers under this section.

(6) The decision of the Welsh Ministers on an application is final.

95

(1) A planning authority to which an application for listed building consent is made may not grant consent unless—

(a) it has notified the Welsh Ministers of the application, giving details of the works for which consent is sought, and

(b) the first or second condition is met.

(2) The first condition is that the 28 days beginning with the day the Welsh Ministers were notified have ended without the Welsh Ministers either—

(a) directing the authority to refer the application to them under section 94, or

(b) notifying the authority that they need more time to consider whether to give a direction under that section.

(3) The second condition is that the Welsh Ministers have notified the authority that they do not intend to direct it to refer the application to them.

(4) The Welsh Ministers may by regulations provide that subsection (1) does not apply to applications for listed building consent of a description specified in the regulations.

(5) The Welsh Ministers may direct a planning authority—

(a) that subsection (1) is not to apply to an application to the authority for listed building consent, or

(b) that subsection (1) is to apply to an application to the authority despite any provision made by regulations under subsection (4) or by a direction under paragraph (a).

(6) A direction may relate to—

(a) a particular application for listed building consent, or

(b) applications of a description specified in the direction,

and has effect in relation to any application that the authority has not determined.

(7) The Welsh Ministers may specify a description of applications under subsection (4) or (6)(b) by reference to the opinion of any person, the availability of specialist advice in relation to the applications, or any other circumstance.

96

(1) On determining an application for listed building consent, a planning authority or the Welsh Ministers may grant or refuse consent.

(2) In considering whether to grant listed building consent, a planning authority or the Welsh Ministers must have special regard to the desirability of preserving—

(a) the listed building to which the application relates,

(b) the setting of the building, and

(3) Listed building consent has effect for the benefit of the listed building and the land on which it is situated, and of all persons for the time being interested in the building and land; but this is subject to the terms of the consent.

97

(1) Listed building consent may be granted subject to conditions.

(2) A condition may, for example, require—

(a) particular features of the listed building to be preserved, either as part of it or after severance from it;

(b) any damage caused to the building by the works to be made good after the works are completed;

(c) the building or any part of it to be reconstructed after any works are carried out, using original materials so far as practicable and making any alterations to the interior of the building specified in the conditions.

(3) Consent may also be granted subject to a condition requiring specified details of the works (whether or not set out in an application for consent) to be approved later.

(4) A condition imposed under subsection (3) must—

(a) in the case of consent granted by a planning authority, require the approval of that authority;

(b) in the case of consent granted by the Welsh Ministers, specify whether the approval required is that of the planning authority or the Welsh Ministers.

(5) Consent for the demolition of a listed building must be granted subject to a condition that the works must not start until—

(a) notice of the proposal to demolish the building has been given to the Royal Commission on the Ancient and Historical Monuments of Wales, and

(b) after the giving of that notice, the Royal Commission—

(i) has been given reasonable access to the building for at least 1 month for the purpose of recording it, or

(ii) has stated in writing that it has completed its recording of the building or does not wish to record it.

(6) If consent for the demolition of a listed building is granted without the condition required by subsection (5), it is to be treated as having been granted subject to that condition.

(7) Consent for the demolition of a listed building may also be granted subject to a condition that the works must not start until—

(a) a contract for works to redevelop the site has been made, and

(b) planning permission has been granted for those redevelopment works.

(8) Subsections (5) and (6) do not prevent the imposition of other conditions for the purpose of enabling a listed building to be recorded.

(9) The Welsh Ministers may by regulations replace the references in subsection (5) to the Royal Commission on the Ancient and Historical Monuments of Wales with references to another body.

Condition about period within which works must start

98

(1) Listed building consent must be granted subject to the condition that the works to which it relates must start before the end of a period which is specified in the condition and begins with the day the consent is granted.

(2) If consent is granted without the condition required by subsection (1), it is to be treated as having been granted subject to the condition that the works to which it relates must start within 5 years beginning with the day it was granted.

(3) This section does not apply to—

(a) consent under section 89(2) (consent for works already carried out);

(b) consent granted by a listed building partnership agreement (see section 113).

Application for variation or removal of conditions

99

(1) Where listed building consent has been granted subject to conditions, any person interested in the listed building may apply for the variation or removal of the conditions.

(2) The application must indicate what variation or removal of conditions is applied for.

(3) Sections 90 to 95 (except section 90(4) and (5)(a)) apply to an application under this section as they apply to an application for listed building consent.

(4) On an application under this section the planning authority or the Welsh Ministers may, in addition to varying or removing the conditions of the consent, impose new conditions that are consequential on the variation or removal.

(5) This section does not apply to consent granted by a listed building partnership agreement.

Appeals to the Welsh Ministers

Right to appeal against planning authority decision or failure to make decision

100

(1) This section applies where an application has been made to a planning authority for—

(a) listed building consent,

(b) the variation or removal of conditions of listed building consent, or

(2) The applicant may appeal to the Welsh Ministers if the planning authority—

(a) refuses the application, or

(b) grants the application subject to conditions or, in the case of an application for the variation or removal of conditions, grants it and imposes new conditions.

(3) The applicant may also appeal to the Welsh Ministers if the planning authority has done none of the following within the determination period—

(a) given notice to the applicant of its decision on the application, or

(b) in the case of an application for listed building consent or for the variation or removal of conditions, given notice to the applicant that it has—

(i) exercised its power under section 93 to refuse to consider the application, or

(ii) referred the application to the Welsh Ministers under section 94.

(4) In subsection (3) “the determination period” means—

(a) the period specified in regulations made by the Welsh Ministers, or

(b) a longer period agreed in writing between the applicant and the planning authority.

Procedure for making appeal

101

(1) An appeal under section 100 must be made by serving a notice of appeal on the Welsh Ministers.

(2) The grounds of appeal stated in the notice may include (alone or with other grounds)—

(a) a claim that the building to which the appeal relates is not of special architectural or historic interest and ought to be de-listed, or

(b) in the case of a building subject to interim protection or temporary listing, a claim that the building should not be listed.

(3) The Welsh Ministers may by regulations make provision about—

(a) the form of a notice of appeal (which may include provision for using a form to be published or provided by the Welsh Ministers or another person);

(b) information that must be included with a notice of appeal;

(c) the way in which, and period within which, a notice of appeal must be served (which may include provision enabling the Welsh Ministers to extend the period).

(4) Section 91 (notice to owners of building) applies in relation to appeals under section 100 relating to applications for listed building consent or for the variation or removal of conditions, but as if references to an application and an applicant were references to an appeal and an appellant.

(5) The period specified by regulations under subsection (3)(c) must be at least 28 days beginning with the day after—

(a) in the case of an appeal under subsection (2) of section 100, the day the applicant receives notice of the decision;

(b) in the case of an appeal under subsection (3) of that section, the end of the determination period (which has the same meaning as in that subsection).

Restriction on varying application after service of notice of appeal

102

(1) Once notice of an appeal under section 100 has been served, the application to which the appeal relates may not be varied except in circumstances specified in regulations made by the Welsh Ministers.

(2) Where an application is varied under this section, the Welsh Ministers may direct that further consultation must be carried out in relation to the application.

Decision on application after service of notice of appeal

103

(1) This section applies if a person who has made an application for listed building consent appeals under section 100(3) (failure to give notice of decision).

(2) The Welsh Ministers must not determine the appeal before the end of the period which is specified in regulations made by the Welsh Ministers and begins with the day the notice of appeal is served.

(3) The planning authority may give notice of its decision on the application to which the appeal relates at any time before the end of that period.

(4) If the authority gives notice in accordance with subsection (3) that its decision is to refuse the application—

(a) the appeal must be treated as an appeal under section 100(2) against the refusal, and

(b) the Welsh Ministers must give the appellant the opportunity to revise the grounds of appeal.

(5) If the authority gives notice in accordance with subsection (3) that its decision is to grant the application subject to conditions, the Welsh Ministers must give the appellant the opportunity—

(a) to proceed with the appeal as an appeal under section 100(2) against the grant of the application subject to conditions, and

(b) to revise the grounds of the appeal.

Determination of appeal

104

(1) On an appeal under section 100 the Welsh Ministers may—

(a) allow or dismiss the appeal, or

(b) reverse or vary any part of the planning authority’s decision on the application to which the appeal relates (whether or not the appeal relates to that part),

and may deal with the application as if it had been made to them.

(2) Where the appeal was made under section 100(3) (failure to give notice of decision) and the planning authority has not given notice under section 103(3), it is to be assumed for the purposes of subsection (1) that the authority decided to refuse the application.

(3) On an appeal under section 100 the Welsh Ministers may also exercise their power under section 76 to de-list the building to which the appeal relates.

(4) Chapter 2 of Part 5 makes provision about the procedure for the consideration of appeals (including provision for them to be determined by persons appointed by the Welsh Ministers).

(5) The decision of the Welsh Ministers on an appeal is final.

Special cases

Applications by planning authorities and the Crown

105

(1) The Welsh Ministers may by regulations provide that any provision made by or under this Act is not to apply, or is to apply with modifications, to an application mentioned in subsection (2) that is made—

(a) by a planning authority, or

(b) by or on behalf of the Crown.

(2) The applications referred to in subsection (1) are applications for—

(a) listed building consent,

(b) the variation or removal of conditions of listed building consent, or

(3) The regulations may, in particular, provide for an application to be made to the Welsh Ministers.

Applications relating to urgent works on Crown land

106

(1) The appropriate Crown authority may make an application for listed building consent to the Welsh Ministers (instead of to a planning authority) if—

(a) the listed building to which the application relates is on Crown land, and

(b) the appropriate Crown authority certifies—

(i) that the works for which consent is sought are of national importance, and

(ii) that it is necessary that the works are carried out as a matter of urgency.

(2) Before making the application, the appropriate Crown authority must publish in one or more newspapers circulating in the locality of the listed building a notice—

(a) describing the proposed works, and

(b) stating that it proposes to make the application to the Welsh Ministers under this section.

(3) Where the appropriate Crown authority makes an application under this section—

(a) it must give the Welsh Ministers a statement of its grounds for making the application;

(b) the Welsh Ministers may require it to give them any further information they consider necessary to enable them to determine the application.

(4) As soon as practicable after receiving a document or other material by virtue of subsection (3), the Welsh Ministers must make a copy of the document or other material available for inspection by the public in the locality of the proposed works.

(5) The Welsh Ministers must, in accordance with any requirements imposed by regulations, publish notice of the application and of the fact that documents and other material are available for inspection.

(6) The Welsh Ministers must consult the following persons about the application—

(a) the planning authority in whose area the listed building is situated, and

(b) any other person that may be specified in regulations.

(7) Chapter 2 of Part 5 makes provision about the procedure for the consideration of applications made to the Welsh Ministers under this section.

(8) Subsection (4) does not apply to the extent that a document or other material is subject to a direction under section 178 (restriction of access to evidence on national security grounds).

(9) The decision of the Welsh Ministers on an application is final.

(10) In this section references to regulations are to regulations made by the Welsh Ministers.

107

(1) Where listed building consent has been granted on an application or appeal under this Part, the planning authority in whose area the listed building is situated or the Welsh Ministers may by order modify or revoke the consent to any extent.

(2) An order modifying or revoking listed building consent for any works may be made at any time before the works are completed, but does not affect consent for works carried out before the order takes effect.

(3) In Schedule 8—

(a) Part 1 makes provision about the procedures that must be followed before an order made by a planning authority under this section takes effect (either with or without confirmation by the Welsh Ministers);

(b) Part 2 makes provision about the procedure that must be followed before the Welsh Ministers make an order under this section.

108

(1) This section applies where listed building consent is modified or revoked by an order under section 107 that is—

(a) made by a planning authority and confirmed by the Welsh Ministers, or

(b) made by the Welsh Ministers.

(2) Any person interested in the listed building to which the consent relates is entitled, on making a claim to the planning authority, to be paid compensation by the authority for—

(a) any expenditure incurred by the person in carrying out works that become abortive because of the modification or revocation of the consent;

(b) any other loss or damage suffered by the person that is directly attributable to the modification or revocation.

(3) For the purposes of this section expenditure incurred in the preparation of plans for the purposes of any works, or on other similar matters preparatory to any works, is to be treated as expenditure incurred in carrying out the works.

(4) Subject to that, no compensation is payable under this section in respect of—

(a) works carried out before the grant of the listed building consent that is modified or revoked, or

(b) other loss or damage (other than loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the consent was granted.

(5) A claim for compensation under this section must be made in writing within 6 months beginning with the day the modification or revocation of the consent takes effect.

(6) In subsection (2) “the planning authority” means—

(a) the planning authority that made the order under section 107, or

(b) if the order was made by the Welsh Ministers, the planning authority in whose area the listed building to which the order relates is situated.

Right of owner of listed building to require purchase of interest

109

(1) This section applies where—

(a) on an application for listed building consent, consent is refused or is granted subject to conditions, or

(b) an order under section 107 modifies or revokes listed building consent.

(2) If an owner of the listed building to which the application or order relates claims—

(a) that the first set of conditions is met in relation to the building, and

(b) that the first and second sets of conditions are met in relation to any associated land,

the owner may serve a purchase notice on the planning authority in whose area the listed building is situated.

(3) A purchase notice is a notice requiring the planning authority to purchase the owner’s interest in the listed building and associated land.

(4) The first set of conditions is—

(a) that the listed building and associated land in respect of which the notice is served are‍ unusable in their existing state,

(b) in a case where listed building consent has been granted‍ subject to conditions or has been modified by the imposition of conditions, that the building and land cannot be made usable by carrying out the works to which the consent relates in accordance with the conditions, and

(c) in any case, that the building and land cannot be made‍ usable by carrying out any other works for which listed building consent has been granted or for which the planning authority or the Welsh Ministers have undertaken to grant listed building consent.

(5) The second set of conditions is—

(a) that the use of the associated land is substantially inseparable from the use of the listed building, and

(b) that the associated land ought to be treated, together with the building, as a single holding.

(6) In this section and Schedule 9—

“associated land” (“tir cysylltiedig”), in relation to a listed building, means land which—includes, adjoins or is adjacent to the building, andis owned with the building;

“usable” (“defnyddiadwy”), in relation to a listed building or associated land, means capable of reasonably beneficial use.

(7) In determining whether a listed building and associated land are‍ usable in their existing state, a prospective use of the building or land must be ignored if it would involve—

(a) carrying out works requiring listed building consent which has not been granted and which neither a planning authority nor the Welsh Ministers have undertaken to grant, or

(b) carrying out development for which planning permission has not been granted and for which neither a planning authority nor the Welsh Ministers have undertaken to grant permission.

(8) A listed building is not‍ unusable in its existing state if—

(a) the existing state of the building was caused by a breach of section 88 (requirement for works to be authorised) or of a condition subject to which listed building consent has been granted, and

(b) the building could be made‍ usable by taking steps that are or could be required by an enforcement notice under section 123.‍

Purchase notice in respect of Crown land

110

(1) The owner of a private interest in Crown land may not serve a purchase notice in respect of that interest unless—

(a) the owner has offered to dispose of the interest to the appropriate Crown authority for a price that is equal to (and if not agreed, is to be determined in the same way as) the compensation that would be payable for the interest if it were acquired in pursuance of a purchase notice, and

(b) the appropriate Crown authority has refused the offer.

(2) Only the appropriate Crown authority may serve a purchase notice in respect of a Crown interest or Duchy interest in land which—

(a) forms part of the Crown Estate,

(b) belongs to His Majesty in right of His private estates,

(d) belongs to the Duchy of Cornwall.

(3) A purchase notice may not be served in respect of a Crown interest or Duchy interest in any other land.

Further provision about service of purchase notice

111

(1) A purchase notice must be served within 12 months beginning with—

(a) in the case of a notice relating to a decision to refuse listed building consent or grant it subject to conditions, the day the decision is made, or

(b) in the case of a notice relating to an order under section 107 modifying or revoking listed building consent, the day the order takes effect.

(2) In a case where the Welsh Ministers determine an appeal against a decision of a planning authority to refuse listed building consent or grant it subject to conditions, the reference in subsection (1)(a) to the day the decision is made is to be read as a reference to the day the Welsh Ministers determine the appeal.

(3) The Welsh Ministers may at any time extend the period for serving a purchase notice in a particular case, if they are satisfied that there are good reasons for doing so.

(4) The Welsh Ministers may by regulations make provision about how a purchase notice must be served.

(5) Where a repairs notice has been served on an owner of a listed building under section 138, the owner is not entitled to serve a purchase notice in respect of the building—

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