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

articles Not indexed

Reform history JSON API

(3) Where a direction for minimum compensation is included in an order made by a planning authority or prepared in draft by the Welsh Ministers, the statement of the effect of the order in the notice required by section 12 of the Acquisition of Land Act 1981 (c. 67) or paragraph 3(1) of Schedule 1 to that Act must—

(a) include a statement that the direction has been included, and

(b) explain the effect of the direction.

(4) If the Welsh Ministers confirm or make a compulsory purchase order which includes a direction for minimum compensation, the compensation for the compulsory acquisition is to be assessed in accordance with the direction, despite anything to the contrary in—

(a) the Land Compensation Act 1961 (c. 33),

(b) the Town and Country Planning Act 1990 (c. 8),

(d) this Act.

Application for removal of direction for minimum compensation

141

(1) This section applies where a direction for minimum compensation is included in a compulsory purchase order for the acquisition of a listed building under section 137 that is made by a planning authority or prepared in draft by the Welsh Ministers.

(2) Any person who has an interest in the listed building may apply to a magistrates’ court for an order that no direction for minimum compensation is to be included in the compulsory purchase order as confirmed or made by the Welsh Ministers.

(3) The application must be made within 28 days after the day the notice required by section 12 of the Acquisition of Land Act 1981 (c. 67) or paragraph 3(1) of Schedule 1 to that Act is served.

(4) If the magistrates’ court is satisfied that the listed building has not been deliberately allowed to fall into disrepair for the purpose mentioned in section 140(1), it must make the order applied for.

(5) Any person aggrieved by the decision of the magistrates’ court on the application may appeal against the decision to the Crown Court.

(6) The rights conferred by this section are in addition to, and do not limit, the rights conferred by section 139.

Ending of rights over land acquired compulsorily

142

(1) On the completion of a compulsory acquisition of land under section 137—

(a) all private rights of way over the land are extinguished,

(b) all rights to install, keep or maintain apparatus on, under or over the land are extinguished, and

(2) Subsection (1) does not apply to—

(a) any right to which a statutory undertaker is entitled, or apparatus belonging to a statutory undertaker, for the purpose of carrying on its undertaking,

(b) any right conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network, or any electronic communications apparatus installed for the purposes of such a network, or

(c) any right or apparatus specified by the acquiring authority in a direction given before the completion of the acquisition.

(3) Subsection (1) is also subject to any agreement (whether made before or after the completion of the acquisition) between the acquiring authority and the person who is entitled to the right or to whom the apparatus belongs.

(4) Any person who suffers loss by the extinguishment of a right or the transfer of apparatus under this section is entitled to be paid compensation by the acquiring authority.

(5) Compensation under this section is to be determined in accordance with the Land Compensation Act 1961 (c. 33).

(6) In subsection (2)(b)—

“electronic communications code” (“cod cyfathrebu electronig”) means the code set out in Schedule 3A to the Communications Act 2003 (c. 21);

“operator” (“gweithredwr”), “electronic communications code network” (“rhwydwaith cod cyfathrebu electronig”) and “electronic communications apparatus” (“cyfarpar cyfathrebu electronig”) have the meanings given by paragraph 1(1) of Schedule 17 to the Communications Act 2003.

Management, use and disposal of buildings

Management, use and disposal of building acquired under this Chapter

143

(1) Where a planning authority acquires a building or other land under this Chapter, it may make any arrangements for the management, use or disposal of the building or land that it considers appropriate for the purpose of preserving the building or land.

(2) For further provision about the use of land that a planning authority acquires by agreement under section 136, see sections 232, 233 and 235 (appropriation, disposal and development), 242 (overriding rights of possession) and 243 (joint body to hold land) of the Town and Country Planning Act 1990 (c. 8).

(3) Where the Welsh Ministers acquire a building or other land under section 137, they may—

(a) make any arrangements they consider appropriate for the management, custody or use of the building or land, and

(b) dispose of the building or land, or deal with the building or land in any other way.

(4) For provision removing restrictions on the use of certain types of land acquired under this Chapter, see sections 238 to 240 (consecrated land and burial grounds) and 241 (commons, open spaces and fuel or field garden allotments) of the Town and Country Planning Act 1990.

Urgent preservation of listed buildings

Urgent works to preserve listed building

144

(1) A local authority may carry out any works it considers urgently necessary for the preservation of a listed building in its area.

(2) The Welsh Ministers may carry out any works they consider urgently necessary for the preservation of any listed building.

(3) The works that may be carried out under this section include works to provide temporary support or shelter for the listed building.

(4) If the listed building or any part of it is in residential use, works may be carried out under this section only if they would not interfere unreasonably with that use.

(5) At least 7 clear days’ written notice of the intention to carry out works under this section must be given—

(a) to every owner of the listed building, and

(b) if the building or any part of it is in residential use, every occupier of the building.

(6) The notice must describe the works proposed to be carried out.

(7) Works may not be carried out under this section in relation to—

(a) a building which is a scheduled monument (but see section 61),

(b) an exempt religious building, or

Power to require owner to meet costs of preservation works

145

(1) Where works for the preservation of a listed building have been carried out by a local authority or the Welsh Ministers under section 144, the local authority or (as the case may be) the Welsh Ministers may serve notice on any owner of the listed building requiring the owner to meet the costs of the works.

(2) Where the works consist of or include works to provide temporary support or shelter for the listed building—

(a) the costs that may be recovered include any continuing expenditure involved in making available the equipment or materials used, and

(b) notices under subsection (1) may be given from time to time in respect of that continuing expenditure.

(3) Subsection (4) applies if, within 28 days after the day a notice under subsection (1) is served, the owner complains in writing to the Welsh Ministers—

(a) that some or all of the works were unnecessary for the preservation of the listed building,

(b) in the case of works to provide temporary support or shelter, that the temporary arrangements have continued for an unreasonable length of time,

(d) that the recovery of that amount would cause hardship to the owner.

(4) The Welsh Ministers must—

(a) determine to what extent the owner’s complaint is well-founded, and

(b) serve notice of their determination on—

(i) the owner, and

(ii) if the notice under subsection (1) was given by a local authority, that authority.

(5) The notice of the Welsh Ministers’ determination must state—

(a) the reasons for the determination, and

(b) the amount that they have decided may be recovered.

(6) An owner or local authority on whom notice is served under subsection (4)(b) may, within 28 days after the day the notice is served, appeal to the county court against the Welsh Ministers’ decision.

Further provision about recovery of costs of preservation works

146

(1) The costs which a local authority or the Welsh Ministers may recover under section 145 carry interest, at the rate specified in regulations made by the Welsh Ministers, from the time when the notice under subsection (1) of that section becomes operative until all of the amounts due under that section are recovered.

(2) The costs and any interest are recoverable by the local authority or (as the case may be) the Welsh Ministers as a debt.

(3) The costs and any interest are, from the time when the notice under section 145(1) becomes operative until they are recovered, a charge on the land on which the listed building in question is situated.

(4) The charge takes effect, at the time when the notice becomes operative, as a legal charge which is a local land charge.

(5) For the purpose of enforcing the charge, the local authority or (as the case may be) the Welsh Ministers have the same powers and remedies under the Law of Property Act 1925 (c. 20) and otherwise as if they were a mortgagee by deed with powers to sell the land, make leases, accept surrenders of leases and appoint a receiver.

(6) The power to appoint a receiver is exercisable at any time after the end of 1 month beginning with the day the charge takes effect.

(7) For the purposes of this section a notice under section 145(1) becomes operative—

(a) where no complaint is made to the Welsh Ministers within the period referred to in section 145(3), at the end of that period;

(b) where a complaint is made but no appeal is made to the county court within the period referred to in section 145(6), at the end of that period;

(c) where an appeal is made and the decision on the appeal confirms the Welsh Ministers’ determination under section 145(4) (with or without variation), at the time of the decision;

(d) where an appeal is made but is withdrawn, at the time of the withdrawal.

Further provision about preservation of listed buildings

Grant or loan by local authority for repair or maintenance of building

147

(1) The Welsh Ministers may by regulations make provision for and in connection with conferring powers on local authorities or the Welsh Ministers to take steps to secure the proper preservation of listed buildings which have fallen into disrepair.

(2) The regulations may, in particular, provide for—

(a) notices requiring owners of listed buildings which have fallen into disrepair to carry out works to secure their proper preservation (“preservation notices”);

(b) appeals against preservation notices;

(3) Regulations under this section—

(a) may disapply, or apply or reproduce with or without modifications, any provision of this Part or Part 5 or 7;

(b) may amend this Part or those Parts.

(4) Regulations under this section may not make any provision that binds the Crown.

Finance for repair and maintenance of buildings of special interest etc.

Grant or loan by local authority for repair or maintenance of building

148

(1) A relevant local authority may contribute towards any expenditure incurred, or to be incurred, in the repair or maintenance of—

(a) a listed building which is situated in or in the vicinity of the authority’s area, or

(b) a building in the authority’s area which is not a listed building but which the authority considers to be of special architectural or historic interest.

(2) At the same time as making such a contribution, the authority may also contribute towards any expenditure incurred, or to be incurred, in the maintenance of any garden which—

(a) is occupied with the building, and

(b) adjoins or is adjacent to it.

(3) A contribution under this section may be made by grant or loan.

(4) A relevant local authority may make a loan under this section on any terms and conditions that it determines, which may for example include a term that the loan is free of interest.

(5) A relevant local authority—

(a) may renounce its right to repayment of a loan or any outstanding interest, and

(b) may agree with the borrower to vary any of the terms and conditions of a loan.

(6) A relevant local authority may make a grant under this section subject to any conditions it considers appropriate, which may for example include a condition that the recipient of the grant must make an agreement with the authority for the purpose of securing public access to all or part of the building or garden to which the grant relates.

(7) In this section and section 149, “relevant local authority” means—

(a) a county council or county borough council in Wales;

(b) a National Park authority in Wales;

Recovery of grant made by local authority

149

(1) This section applies where a relevant local authority makes a grant under section 148.

(2) If any condition imposed on the making of the grant is not complied with, the authority may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(3) Subsections (4) and (5) apply if, during the 3 years beginning with the day the grant is made—

(a) there is a disposal of the whole or part of the interest that the recipient of the grant held in the building or garden to which the grant relates on the day the grant was made (“the relevant interest”), and

(b) the disposal is made by sale, by exchange or by lease for a term of at least 21 years.

(4) If the disposal is made by the recipient of the grant or by a person to whom the recipient of the grant has given part of the relevant interest, the relevant local authority may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(5) If the disposal is made by a person to whom the recipient of the grant has given the whole of the relevant interest, the authority may recover the amount of the grant, or any part of that amount, from the person to whom the gift was made.

(6) A relevant local authority may not recover amounts under this section which in aggregate exceed the amount of the grant.

(7) In this section references to giving an interest to a person are references to giving it to the person directly or indirectly, other than on the death of the holder of the interest.

Grant by Welsh Ministers for repair or maintenance of building, garden etc.

150

(1) The Welsh Ministers may make grants to meet any expenditure incurred, or to be incurred, in—

(a) the repair or maintenance of a building which they consider to be of special architectural or historic interest,

(b) the maintenance of any land which includes, adjoins or is adjacent to such a building,

(d) the maintenance of a garden or other land which they consider to be of special historic interest.

(2) The following provisions of this section apply where—

(a) the Welsh Ministers make a grant under subsection (1) on terms which provide for it to be recoverable under this section, and

(b) before or on making the grant the Welsh Ministers give notice in writing to the recipient of the grant which—

(i) summarises the effect of this section, and

(ii) specifies a period, beginning with the day the grant is made and ending not more than 10 years after that day, during which the grant is to be recoverable in accordance with subsections (4) to (6) (“the recovery period”).

(3) If any condition imposed on the making of the grant is not complied with, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(4) Subsections (5) and (6) apply if during the recovery period—

(a) there is a disposal of the whole or part of the interest that the recipient of the grant held in the building, land or objects to which the grant relates on the day the grant was made (“the relevant interest”), and

(b) the disposal is made by sale, by exchange or by lease for a term of at least 21 years.

(5) If the disposal is made by the recipient of the grant or by a person to whom the recipient of the grant has given a part of the relevant interest, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(6) If the disposal is made by a person to whom the recipient of the grant has given the whole of the relevant interest, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the person to whom the gift was made.

(7) The Welsh Ministers may not recover amounts under this section which in aggregate exceed the amount of the grant.

(8) In this section references to giving an interest to a person are references to giving it to the person directly or indirectly, other than on the death of the holder of the interest.

Acceptance by Welsh Ministers of endowment for upkeep of building

151

(1) This section applies where—

(a) an instrument contains a provision purporting to be a gift of property of any kind to the Welsh Ministers on trust to use the income of the property (either for a limited time or indefinitely) for or towards the repair and maintenance of a relevant building, or of a relevant building together with other property,

(b) the provision does not create a charitable trust, and

(2) In this section—

“endowment trust” (“ymddiriedolaeth waddol”) means the trust referred to in subsection (1)(a);

“relevant building” (“adeilad perthnasol”) means—a building which the Welsh Ministers consider to be of special architectural or historic interest and—in which, at the time when the trust instrument comes into operation, they are or soon will be entitled to an interest, orwhich at that time is or soon will be under their control or management, ora building which at that time is or soon will be under their guardianship under Chapter 6 of Part 2;

“trust fund” (“cronfa’r ymddiriedolaeth”) means the property given to the Welsh Ministers and any property for the time being representing that property.

(3) The validity of the gift and of the endowment trust is not affected, and is to be treated as never having been affected, by any rule of law or equity which would not have affected their validity if the trust had been charitable.

(4) While the endowment trust continues the Welsh Ministers have the same powers of management, disposition and investment in relation to the trust fund as are conferred by law on trustees of land in relation to the land and the proceeds of its sale.

(5) The powers conferred by subsection (4) are in addition to, and do not limit, any powers conferred on the Welsh Ministers by the trust instrument.

(6) If, while the endowment trust continues, an event happens—

(a) which has the immediate effect that the Welsh Ministers are not entitled to any interest in the building to which the trust relates and do not have the building under their control or management, and

(b) which would not otherwise cause the endowment trust to come to an end or be treated as having failed,

on the happening of that event the endowment trust comes to an end and the trust fund passes as it would on a failure of the trust.

(7) Subsection (8) applies if the trust instrument contains a provision purporting to give the trust fund, or to direct the trust fund to be held, on trust for charitable purposes if the endowment trust fails or comes to an end.

(8) The validity of the gift or direction is not, and is to be treated as never having been, affected by any rule of law or equity relating to perpetuities.

(9) In subsection (4) “trustees of land” has the same meaning as in the Trusts of Land and Appointment of Trustees Act 1996 (c. 47) (see section 1(1) of that Act).

CHAPTER 6 — GENERAL

Powers of entry

Powers to enter land

152

(1) A person authorised in writing by the Welsh Ministers may enter any land to survey a building on that land or on any other land in connection with a proposal to list or de-list the building.

(2) A person authorised in writing by a planning authority may enter any land to survey a building on that land or on any other land in connection with a proposal to serve a temporary listing notice in relation to the building.

(3) A person authorised in writing by a planning authority or the Welsh Ministers may enter any land to—

(a) survey that land or any other land in connection with a proposal to make an order under section 107 (modification or revocation of listed building consent or conservation area consent),

(b) survey that land or any other land in connection with a proposal to make an order under section 115 (termination of listed building partnership agreement or provision of agreement), or

(4) A person authorised in writing by a planning authority 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 119, or

(5) A person authorised in writing by a planning authority or the Welsh Ministers may enter any land to—

(a) survey that land or any other land in connection with a proposal to issue an enforcement notice,

(b) assess whether an enforcement notice has been complied with,

(d) survey that land or any other land in connection with a proposal to serve a repairs notice under section 138, or

(e) assess whether a repairs notice has been complied with.

(6) A person authorised in writing by a local authority or the Welsh Ministers may enter any land to—

(a) determine whether works should be carried out under section 144 for the preservation of a building on that land or on any other land, or

(b) carry out works under that section for the preservation of a building on that land or on any other land.

(7) An authorised person may enter any land to survey it, or estimate its value, in connection with a claim for compensation payable by a planning authority or the Welsh Ministers under this Part in relation to that land or any other land.

(8) In subsection (7) “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 planning authority or the Welsh Ministers (as the case may be).

(9) A 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.

Exercise of power to enter land without warrant

153

(1) A power to enter land under section 152 may be exercised at any reasonable time.

(2) A person authorised to enter land under section 152 may not demand admission as of right to any land which is occupied unless at least 24 hours’ notice of the intended entry has been given to every occupier.

(3) Subsection (2) does not apply to the power to enter land under section 152(4) (temporary stop notices).

(4) A person authorised to enter land under section 152—

(a) must, if required to do so by or on behalf of any 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) may take on to the land any other persons that are necessary;

(c) must, 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.

(5) Where a person—

(a) proposes to carry out works in the exercise of a power of entry under section 152, and

(b) is required to give notice of the intended entry under subsection (2) 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.

(6) Where—

(a) a person proposes to carry out works in the exercise of a power of entry under section 152 on land which belongs to a statutory undertaker, and

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

the person may not carry out the works without the agreement of the appropriate Minister.

(7) A person may not enter Crown land in the exercise of a power under section 152 without the agreement of—

(a) a person who appears to the person seeking entry to the land to be entitled to give that agreement, or

(b) the appropriate Crown authority.

(8) Subsections (2) to (6) do not apply to anything done by virtue of subsection (7).

(9) In subsection (6) “appropriate Minister” has the meaning given by section 265 of the Town and Country Planning Act 1990 (c. 8).

Warrant to enter land

154

(1) This section applies if a justice of the peace is satisfied on sworn information in writing—

(a) that there are reasonable grounds for entering land for a purpose mentioned in section 152, and

(b) that—

(i) admission to the land has been refused or a refusal is reasonably expected, or

(ii) the case is one of urgency.

(2) The justice of the peace may issue a warrant conferring a power to enter the land on any person who is authorised in writing by a person who may authorise entry under section 152 for the purpose in question.

(3) For the purposes of subsection (1)(b) admission to land is to be treated as having been refused if no reply is received to a request for admission within a reasonable period.

(4) Section 152(9) applies to a power to survey land conferred by a warrant under this section.

(5) A warrant under this section confers a power to enter land—

(a) on one occasion only, and

(b) only at a reasonable time, unless the case is one of urgency.

(6) A person authorised to enter land under this section—

(a) must, if required to do so by or on behalf of any 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) may take on to the land any other persons that are necessary,

(c) must, 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.

(7) A warrant under this section ceases to have effect at the end of 1 month beginning with the day it is issued.

(8) This section does not apply in relation to Crown land.

Supplementary provision about powers of entry

155

(1) This section applies where a person has a power to enter land conferred by section 152 or by a warrant under section 154.

(2) A person who intentionally obstructs a person exercising the power of entry commits an offence.

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

(4) If damage is caused to land or other property—

(a) in the exercise of the power of entry, or

(b) in making any survey for the purpose of which the power of entry was conferred,

a person suffering the damage may recover compensation from the person who authorised the entry.

(5) A claim for compensation under subsection (4) 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).

(6) A person commits an offence if the person discloses information which the person obtained in the exercise of the power of entry, and which relates to a manufacturing process or trade secret, for a purpose other than that for which the person was authorised to enter the land.

(7) A person guilty of an offence under subsection (6) is liable—

(a) on summary conviction, to a fine;

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

(8) This section does not apply to anything done by virtue of section 153(7) (entry on Crown land).

Supplementary

Exempt religious buildings

156

(1) The Welsh Ministers may by regulations provide that a religious building used for religious purposes is an exempt religious building for the purposes of—

(a) sections 83 and 84 (temporary listing of building);

(b) section 88 (requirement for works affecting listed building to be authorised);

(d) section 137 (compulsory acquisition of listed building for preservation);

(e) section 144 (urgent works for preservation of listed building).

(2) For the purposes of section 88 a building is to be treated as being used for religious purposes if it would be used for those purposes but for the works in question.

(3) Regulations under this section may—

(a) make provision in relation to religious buildings of a description specified in the regulations (whether by reference to a religious faith or denomination, a use made of the buildings, or any other circumstance) or in relation to a particular building;

(b) make provision in relation to all or part of a religious building;

(c) provide that a building is an exempt religious building only in relation to works of a description specified in the regulations (whether by reference to the extent of the works, the person by whom they are carried out, or any other circumstance);

(d) make different provision for buildings in different areas;

(e) make consequential amendments to any other provision of this Act.

(4) In this section references to a religious building—

(a) include any structure or artificial object that is fixed to a religious building or within its curtilage;

(b) do not include a building used, or available for use, by a minister of religion wholly or mainly as a residence from which to perform the duties of that office.

Interpretation of this Part

157

In this Part—

“enforcement notice” (“hysbysiad gorfodi”) means an enforcement notice issued under section 123 or 134 (as the case may be);

“exempt religious building” (“adeilad crefyddol esempt”) is to be interpreted in accordance with section 156;

“interim protection” (“gwarchodaeth interim”) has the meaning given by section 79(3);

“listing” (“rhestru”) and “de-listing” (“dadrestru”), in relation to a building, have the meanings given by section 76(6);

“local authority” (“awdurdod lleol”) means—a county council or county borough council in Wales;a National Park authority in Wales;a community council;a police and crime commissioner in Wales;a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies;a body in Wales which is a levying body within the meaning of section 74(1) of the Local Government Finance Act 1988 (c. 41);a body in Wales to which section 75 of that Act (special levies) applies;a joint board or joint committe‍e, if all the constituent authorities are local authorities within paragraphs (a) to (g);

“temporary listing” (“rhestru dros dro”) has the meaning given by section 83(5);

“temporary stop notice” (“hysbysiad stop dros dro”) means a temporary stop notice issued under section 119;

“Wales” (“Cymru”) means the combined area of the counties and county boroughs in Wales.

PART 4 — CONSERVATION AREAS

Designation of conservation areas

Designating areas of special architectural or historic interest as conservation areas

158

(1) A planning authority must—

(a) from time to time determine which parts of its area are areas of special architectural or historic interest whose character or appearance it is desirable to preserve or enhance, and

(b) designate those parts as conservation areas.

(2) A planning authority may vary or cancel a designation.

(3) If a planning authority designates a conservation area, or varies or cancels a designation, it must give notice that it has done so to the Welsh Ministers.

(4) The notice must contain enough information to identify the area affected.

(5) The planning authority must publish the notice with an explanation of the effect of the designation, variation or cancellation—

(a) in the London Gazette, and

(b) in at least one newspaper circulating in the authority’s area.

(6) A designation under this section is a local land charge.

Duties relating to conservation areas

Fees for appeals

159

(1) A planning authority must from time to time prepare and publish proposals for the preservation and enhancement of any part of its area which is a conservation area.

(2) The authority must submit the proposals for consideration to a public meeting held in the conservation area to which the proposals relate or, where there is no suitable place in the conservation area, as near to it as reasonably practicable.

(3) The authority must have regard to any views about the proposals which are expressed at the meeting.

Exercise of planning functions: general duty relating to conservation areas

160

(1) In exercising a planning function in relation to a building or other land in a conservation area, a person must have special regard to the desirability of preserving or enhancing the character or appearance of that area.

(2) In this section “planning function” means any function under or by virtue of—

(a) Part 3, this Part, Part 5 or Part 7 as it applies for the purposes of any of those Parts,

(b) the Town and Country Planning Act 1990 (c. 8), or

(c) section 70 or 73 of the Leasehold Reform, Housing and Urban Development Act 1993 (c. 28) (estate management schemes).

Control of demolition in conservation areas

Requirement for demolition to be authorised

161

(1) A person must not carry out works for the demolition of a building to which this section applies, or cause such works to be carried out, unless the works are authorised under section 162.

(2) This section applies to any building in a conservation area, except—

(a) a building which is a scheduled monument (but see section 11);

(b) a listed building (but see section 88);

(d) a building of a description specified in a direction given to an individual planning authority by the Welsh Ministers.

(3) The Welsh Ministers may direct a planning authority that, despite any provision made by regulations under subsection (2)(c), this section is to apply to a building of a description specified in the direction.

(4) Subsection (1) does not prohibit 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).

(5) Schedule 11 makes provision about the effect of this section ceasing to apply to a building.

(6) This section is subject to section 20(1)(c)(iii) of the Infrastructure (Wales) Act 2024 (authorisation by conservation area consent not required for development to the extent that infrastructure consent required).”.

Choice of inquiry, hearing or written procedure

162

(1) Works for the demolition of a building to which section 161 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 for the demolition of a building to which section 161 applies have been carried out without being authorised, 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 conservation area consent.

Application of Part 3 to conservation areas

163

(1) The following provisions of Part 3 apply in relation to buildings to which section 161 applies as they apply in relation to listed buildings—

(a) Chapter 2 (control of works), except—

(i) sections 88 and 89;

(ii) section 90(1)(c) and (4)(b);

(iii) section 95;

(iv) section 96(2);

(v) section 97(5), (6) and (9);

(vi) sections 98(3)(b) and 99(5);

(vii) section 101(2);

(viii) section 104(3);

(ix) section 111(5) and (8);

(b) Chapter 4 (enforcement), except—

(i) section 117(5);

(ii) section 118;

(iii) section 128(3)(c);

(i) section 152(1), (2), (3)(b) and (5)(c) to (e);

(ii) section 156.

(2) In their application in relation to buildings to which section 161 applies—

(a) the provisions applied by subsection (1) are to be read as if—

(i) any reference to listed building consent were a reference to conservation area consent;

(ii) any reference to the character of a listed building were a reference to the character or appearance of the conservation area in which the building is situated;

(iii) any other reference to a listed building were a reference to a building to which section 161 applies;

(iv) any reference to section 88 were a reference to section 161;

(b) the provisions applied by subsection (1)(a) are to be read as if—

(i) in section 98(3)(a), the reference to section 89(2) were a reference to section 162(2);

(ii) in section 99(3), for “Sections 90 to 95” there were substituted “Sections 90 to 94”;

(i) in sections 117(4), 121(4) and 127(2)(d), the references to the preservation of the building were omitted;

(ii) in section 126(1), the reference to section 89(2) were a reference to section 162(2);

(iii) in section 127(2), for paragraph (a) there were substituted “that retention of the building is not necessary in the interests of preserving or enhancing the character or appearance of the conservation area in which it is situated”;

(d) the provisions applied by subsection (1)(c) are to be read as if, in section 152(3)(c), the reference to section 118 were omitted.

(3) The Welsh Ministers may by regulations amend this section to make additional or different provision about the application of Chapters 2, 4 and 6 of Part 3 in relation to buildings to which section 161 applies.

Urgent preservation of buildings in conservation areas

Urgent works to preserve buildings in conservation areas

164

(1) Subsection (2) applies where the Welsh Ministers consider that the preservation of a building in a conservation area is important for maintaining the character or appearance of that area.

(2) The Welsh Ministers may direct that section 144 (urgent works) applies to the building as it applies to listed buildings.

(3) Where a direction has effect in relation to a building—

(a) sections 144 to 146 are to be read as if references to a listed building were references to the building;

(b) section 144(7) is to be read as if paragraph (b) were omitted.

Grants and conservation area agreements

Grant by Welsh Ministers for preservation or enhancement of conservation areas

165

(1) The Welsh Ministers may make grants to meet any relevant expenditure that they consider has made or will make a significant contribution towards the preservation or enhancement of the character or appearance of a conservation area.

(2) Expenditure is relevant for the purposes of subsection (1) if it has been or is to be incurred in or in connection with, or with a view to the promotion of, such preservation or enhancement as is mentioned in that subsection.

(3) The following provisions of this section apply where—

(a) the Welsh Ministers make a grant under subsection (1) in relation to a building or other land on terms which provide for it to be recoverable under this section, and

(b) before or on making the grant the Welsh Ministers give notice in writing to the recipient of the grant which—

(i) summarises the effect of this section, and

(ii) specifies a period, beginning with the day the grant is made and ending not more than 10 years after that day, during which the grant is to be recoverable in accordance with subsections (5) to (7) (“the recovery period”).

(4) If any condition imposed on the making of the grant is not complied with, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(5) Subsections (6) and (7) apply if during the recovery period—

(a) there is a disposal of the whole or part of the interest that the recipient of the grant held in the building or other land to which the grant relates on the day the grant was made (“the relevant interest”), and

(b) the disposal is made by sale, by exchange or by lease for a term of at least 21 years.

(6) If the disposal is made by the recipient of the grant or by a person to whom the recipient of the grant has given part of the relevant interest, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the recipient of the grant.

(7) If the disposal is made by a person to whom the recipient of the grant has given the whole of the relevant interest, the Welsh Ministers may recover the amount of the grant, or any part of that amount, from the person to whom the gift was made.

(8) The Welsh Ministers may not recover amounts under this section which in aggregate exceed the amount of the grant.

(9) In this section references to giving an interest to a person are references to giving it to the person directly or indirectly, other than on the death of the holder of the interest.

Conservation area agreements

166

(1) The Welsh Ministers may make a conservation area agreement with one or more planning authorities.

(2) A conservation area agreement is an agreement that a specified amount of money will be set aside for a specified period of years for the purpose of making grants for the repair of buildings which are situated in a conservation area and—

(a) included in a list compiled for the purposes of the agreement by the parties to it, or by them and other planning authorities, or

(b) shown on a map prepared for those purposes by the parties, or by them and other planning authorities.

(3) The Welsh Ministers may pay a grant for the purposes of a conservation area agreement to a planning authority which is a party to the agreement or any other person.

(4) The Welsh Ministers may make arrangements with any such authority about how the agreement is to be carried out (including arrangements for the offer and payment of grants under this section).

(5) Section 165(4) to (9) apply to a grant under this section, but taking the recovery period to be 3 years beginning with the day the grant is made.

PART 5 — SUPPLEMENTARY PROVISION ABOUT BUILDINGS OF SPECIAL INTEREST AND CONSERVATION AREAS

CHAPTER 1 — EXERCISE OF FUNCTIONS BY PLANNING AUTHORITIES AND OTHER LOCAL AUTHORITIES

Fees and charges for exercising functions

167

(1) The Welsh Ministers may by regulations require the payment of a fee or charge to a planning authority for—

(a) performing any of its functions under Part 3, Part 4, this Part or Part 7 as it applies for the purposes of any of those Parts;

(b) doing anything which is calculated to facilitate, or is conducive or incidental to, the performance of any of those functions.

(2) Regulations under this section may in particular—

(a) make provision about when a fee or charge must be paid;

(b) make provision about who must pay a fee or charge;

(d) specify circumstances in which a fee or charge is to be waived or refunded (wholly or in part);

(e) specify circumstances in which no fee or charge is to be paid;

(f) make provision about the effect of paying or failing to pay a fee or charge in accordance with the regulations (which may include provision that amends, repeals or revokes any enactment, including any provision of this Act);

(g) specify circumstances in which a fee or charge payable to one planning authority is to be transferred to another planning authority.

(3) If regulations under this section provide for a planning authority to calculate the amount of any fees or charges, the authority must ensure that, taking one financial year with another, its income from the fees or charges does not exceed the cost of performing the functions, or doing the things, to which they relate.

Arrangements for exercising functions in relation to applications

168

(1) Sections 319ZA to 319ZD of the Town and Country Planning Act 1990 (c. 8) (discharge of functions relating to applications) apply to the exercise by a planning authority of its functions in relation to applications under or by virtue of Parts 3 and 4 as they apply to the exercise of its functions in relation to applications under that Act.

(2) The validity of a consent or determination granted or made, or purported to be granted or made, by a planning authority in respect of an application made under or by virtue of either of those Parts may not be questioned in any legal proceedings, or in any other proceedings under this Act, on the ground that the consent or determination should have been granted or made by another planning authority.

Arrangements for obtaining specialist advice

169

(1) The Welsh Ministers may at any time direct a planning authority to submit for their approval the arrangements the authority proposes to make for obtaining specialist advice in connection with its relevant functions.

(2) The authority must submit its proposed arrangements to the Welsh Ministers within the period specified in the direction.

(3) If the Welsh Ministers are not satisfied with the arrangements that the authority (“authority A”) proposes to make, they may direct authority A and another planning authority specified in the direction (“authority B”)—

(a) to make an agreement under section 113 of the Local Government Act 1972 (c. 70) to place the services of persons employed by authority B who are qualified to give the specialist advice at the disposal of authority A, or

(b) to make arrangements for authority B to exercise of any of the relevant functions of authority A.

(4) A direction under subsection (3)(b) may make provision about the terms of the arrangements.

(5) Before giving a direction under subsection (3) the Welsh Ministers must consult both planning authorities.

(6) For the purposes of this section the relevant functions of a planning authority are its functions under or by virtue of—

(a) sections 83 and 84 (temporary listing of buildings),

(b) Chapter 2 (grant, modification and revocation of consent) of Part 3,

(d) Chapter 4 (enforcement of controls) of that Part,

(e) section 314A(1) of the Town and Country Planning Act 1990 (c. 8) (planning permission for development affecting listed buildings), and

(f) sections 158 to 163 of this Act (designation of conservation areas, duties of planning authorities and control of demolition).

Form of documents

170

The Welsh Ministers may by regulations specify the form and content of any notice, order or other document that a local authority is authorised or required to serve, make or issue under or by virtue of Part 3, Part 4, this Part or Part 7 as it applies for the purposes of any of those Parts.

Contributions towards expenditure by local authorities

171

(1) Any local authority or statutory undertaker may contribute towards expenditure incurred by a planning authority or other local authority in or in connection with the exercise of its functions under Part 3 (including its functions under that Part as applied by section 163).

(2) Subsection (1) does not apply to expenditure incurred—

(a) in the payment of compensation under sections 80, 86, 108, 116 and 122 (but this does not prevent an authority complying with a direction under subsection (3)(b)), or

(b) in or in connection with the exercise of functions under sections 143 to 146, 148 and 149.

(3) Where compensation is payable by a planning authority or other local authority in consequence of anything done under Chapters 1 to 4 of Part 3 (including anything done under Chapter 2 or 4 of that Part as applied by section 163), the Welsh Ministers may—

(a) contribute towards the payment of the compensation, if the thing was done wholly or partly in the interest of a service which is provided by the Welsh Ministers, or

(b) direct another local authority to contribute an amount that the Welsh Ministers consider reasonable, having regard to any benefit accruing to that other authority as a result of the thing being done.

(4) Subsection (3)(b) does not apply where a planning authority is liable to pay compensation under section 116 in consequence of the termination of a listed building partnership agreement or a provision of such an agreement.

(5) In such a case, the Welsh Ministers may direct any other planning authority that is or was a party to the agreement to reimburse the authority by which the compensation is payable, in whole or in part.

(6) The Welsh Ministers may not give a direction under subsection (5) unless they have consulted all of the planning authorities that are or were parties to the agreement.

CHAPTER 2 — PROCEEDINGS BEFORE THE WELSH MINISTERS

Procedural provisions applying to appeals to Welsh Ministers

Fees for appeals

172

(1) The Welsh Ministers may by regulations require a person who makes an appeal to which this section applies to pay a fee to the Welsh Ministers.

(2) This section applies to—

(a) an appeal under section 100 (appeal against decision or failure to make decision on application for listed building consent or conservation area consent, for the variation or removal of conditions or for approval of details);

(b) an appeal under section 127 (appeal against enforcement notice).

(3) Regulations under this section may in particular—

(a) make provision about when a fee must be paid;

(b) make provision about how a fee is to be calculated (including who is to make the calculation);

(d) specify circumstances in which no fee is to be paid;

(e) make provision about the effect of paying or failing to pay a fee in accordance with the regulations (which may include provision that amends, repeals or revokes any enactment, including any provision of this Act).

Determination of appeal by appointed person

173

(1) An appeal to which this section applies is to be determined by a person appointed by the Welsh Ministers (instead of by the Welsh Ministers).

(2) This section applies to—

(a) an appeal under section 100 (appeal against decision or failure to make decision on application for listed building consent or conservation area consent, for the variation or removal of conditions or for approval of details);

(b) an appeal under section 127 (appeal against enforcement notice).

(3) But this section does not apply to an appeal if—

(a) it is an appeal of a description specified in regulations made by the Welsh Ministers, or

(b) the Welsh Ministers direct that the appeal is to be determined by them instead of by an appointed person.

(4) This section does not affect any provision of this Act or of regulations made under it that an appeal may be made to, or that a notice of appeal must be served on, the Welsh Ministers.

(5) Where an appointed person determines an appeal, the appointed person’s decision is to be treated as the decision of the Welsh Ministers.

(6) Schedule 12 makes further provision in connection with appointments under subsection (1) and directions under subsection (3)(b).

Procedural provisions applying to appeals and other proceedings before Welsh Ministers

Choice of inquiry, hearing or written procedure

174

(1) The Welsh Ministers must in each case determine the procedure by which proceedings to which this section applies are to be considered.

(2) A determination must provide for the proceedings to be considered in one or more of the following ways—

(a) at a local inquiry;

(b) at a hearing;

(3) The Welsh Ministers must make a determination before the end of the period specified in regulations made by the Welsh Ministers.

(4) A determination may be varied by a further determination at any time before the proceedings to which it relates are determined.

(5) The Welsh Ministers must notify the following persons of a determination—

(a) the applicant or appellant (as appropriate), and

(b) the planning authority concerned.

(6) The Welsh Ministers must publish the criteria they will apply in making determinations.

(7) This section applies to the following proceedings—

(a) an application referred to the Welsh Ministers under section 94 (reference of application for listed building consent or conservation area consent or for the variation or removal of conditions);

(b) an appeal under section 100 (appeal against decision or failure to make decision on application for consent, for the variation or removal of conditions or for approval of details);

(c) an application for listed building consent or conservation area consent made to the Welsh Ministers under section 106 (urgent works on Crown land);

(d) an appeal under section 127 (appeal against enforcement notice).

(8) The Welsh Ministers may by regulations amend subsection (7) to—

(a) add proceedings under or by virtue of Part 3, Part 4 or this Part,

(b) remove proceedings, or

Procedural requirements

175

(1) The Welsh Ministers may by regulations make provision about the procedure to be followed in connection with—

(a) proceedings on any application, appeal or reference made to the Welsh Ministers under or by virtue of Part 3 or 4 (whether it is considered at a local inquiry, at a hearing or on the basis of representations in writing);

(b) any other local inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of those Parts or this Part.

(2) The regulations may include provision about—

(a) the procedure to be followed in connection with matters preparatory or subsequent to an inquiry or hearing or to the making of representations in writing;

(b) the conduct of proceedings.

(3) The regulations may include provision about the procedure to be followed—

(a) where steps have been taken with a view to the holding of an inquiry or hearing which does not take place,

(b) where steps have been taken with a view to the determination of any matter by a person appointed by the Welsh Ministers and the proceedings are the subject of a direction that the matter must instead be determined by the Welsh Ministers, or

(c) where steps have been taken in pursuance of such a direction and a further direction is given revoking that direction,

and may provide that such steps are to be treated as compliance, in whole or in part, with the requirements of the regulations.

(4) The regulations may—

(a) specify a time limit within which a party to proceedings must submit representations in writing and any supporting documents, or enable the Welsh Ministers to give directions setting the time limit in a particular case or in cases of a particular description;

(b) enable the Welsh Ministers to proceed to a decision taking into account only the representations in writing and supporting documents that were submitted within the time limit;

(c) enable the Welsh Ministers, after giving the parties notice in writing of their intention to do so, to proceed to a decision even though no representations in writing were submitted within the time limit, if they consider that they have sufficient material before them to enable them to reach a decision on the merits of the case.

(5) The regulations may also make provision about the circumstances in which—

(a) a direction about the payment of the Welsh Ministers’ costs may be given under section 180;

(b) an order about the payment of a party’s costs may be made under section 181.

(6) The regulations may provide that in circumstances specified in the regulations a matter may not be raised in proceedings on an appeal to the Welsh Ministers unless—

(a) the matter was previously raised before a time specified in the regulations, or

(b) it is shown that the matter could not have been raised before that time.

Local inquiries

Power of Welsh Ministers to hold local inquiry

176

(1) The Welsh Ministers may cause a local inquiry to be held for the purposes of the exercise of any of their functions under or by virtue of Part 3, Part 4 or this Part.

(2) See also paragraph 3(1) of Schedule 12 for the power of a person appointed by the Welsh Ministers under section 173 to hold a local inquiry in connection with an appeal.

Power of person holding inquiry to require evidence

177

(1) A person holding a local inquiry under this Part may by summons require any person—

(a) to attend the inquiry, at a time and place stated in the summons, and to give evidence, or

(b) to produce any documents in the person’s possession or under the person’s control which relate to any matter in question at the inquiry.

(2) The person holding the inquiry may take evidence on oath, and for that purpose may administer oaths.

(3) A summons under this section does not require a person to attend the inquiry unless the person’s necessary expenses of attending are paid or offered to the person.

(4) A person may not be required under this section to produce the title (or any instrument relating to the title) of any land which does not belong to a local authority.

(5) It is an offence for a person to—

(a) refuse or deliberately fail to comply with a requirement of a summons under this section, or

(b) deliberately alter, suppress, conceal or destroy a document the person is required, or is liable to be required, to produce under this section.

(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 or imprisonment for a term not exceeding the maximum term for summary offences, or both.

(7) In subsection (6) “the maximum term for summary offences” means—

(a) in relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, 6 months;

(b) in relation to an offence committed after it comes into force, 51 weeks.

Access to evidence at inquiry

178

(1) At a local inquiry held under this Part—

(a) oral evidence must be heard in public, and

(b) documentary evidence must be available for public inspection.

(2) But if a ministerial authority is satisfied that both of the conditions in subsection (3) are met in relation to an inquiry, it may direct that evidence of a description specified in the direction is to be heard or available for inspection at that inquiry only by persons who are specified in the direction or of a description specified in it.

(3) The conditions are—

(a) that giving evidence of a particular description in public or making it available for public inspection would be likely to result in the disclosure of information about—

(i) national security, or

(ii) the measures taken or to be taken to ensure the security of any land or other property, and

(b) that the public disclosure of the information would be against the national interest.

(4) If a ministerial authority is considering giving a direction under this section, the Counsel General may appoint a person (an “appointed representative”) to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(5) If there is no appointed representative when a ministerial authority gives a direction under this section, the Counsel General may at any time appoint a person as an appointed representative for the purposes of the inquiry.

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

(a) the procedure to be followed by a ministerial authority before it gives a direction under this section in a case where there is an appointed representative;

(b) the functions of an appointed representative.

(7) In this section and section 179, “ministerial authority” means the Welsh Ministers or the Secretary of State.

Payment of appointed representative where access to evidence restricted

179

(1) This section applies if a person is appointed under section 178 as an appointed representative for the purposes of a local inquiry, whether or not the inquiry takes place.

(2) A ministerial authority may direct a person (“the responsible person”) to pay the fees and expenses of the appointed representative.

(3) The responsible person must be a person that the ministerial authority considers is, or would have been, interested in the inquiry in relation to—

(a) national security, or

(b) the measures taken or to be taken to ensure the security of any land or other property.

(4) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be determined by the ministerial authority that gave the direction.

(5) The ministerial authority must cause the amount agreed between the appointed representative and the responsible person, or determined by the ministerial authority, to be certified.

(6) The certified amount is recoverable from the responsible person as a debt.

Costs of proceedings before Welsh Ministers

Payment of costs of Welsh Ministers

180

(1) This section applies to the following proceedings—

(a) proceedings on an application, appeal or reference made to the Welsh Ministers under or by virtue of Part 3 or 4 (whether it is considered at a local inquiry, at a hearing or on the basis of representations in writing);

(b) any other local inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of those Parts or this Part.

(2) The Welsh Ministers may give a direction requiring the applicant or appellant, or a planning authority or other party to the proceedings, to pay the costs incurred by the Welsh Ministers in relation to the proceedings (or so much of those costs as the Welsh Ministers may direct).

(3) The costs incurred by the Welsh Ministers in relation to any proceedings include—

(a) the entire administrative cost incurred by the Welsh Ministers in connection with the proceedings, including in particular a reasonable amount that they determine in respect of general staff costs and overheads of the Welsh Government;

(b) costs in respect of an inquiry or hearing that does not take place.

(4) The Welsh Ministers may by regulations specify a standard daily amount for proceedings of a specified description.

(5) Where proceedings of a specified description take place, the costs incurred by the Welsh Ministers are to be taken to be—

(a) the standard daily amount for each day (or an appropriate proportion of that amount for a part of a day) on which a specified person is engaged in dealing with the case;

(b) costs actually incurred in connection with dealing with the case on—

(i) travelling or subsistence allowances, or

(ii) the provision of accommodation or other facilities;

(d) any legal costs or disbursements incurred or made by or on behalf of the Welsh Ministers in connection with the case.

(6) In this section “specified” means specified in regulations made by the Welsh Ministers.

Orders relating to costs of parties

181

(1) This section applies to the following proceedings—

(a) proceedings on an application, appeal or reference made to the Welsh Ministers under or by virtue of Part 3 or 4 (whether it is considered at a local inquiry, at a hearing or on the basis of representations in writing);

(b) any other local inquiry or hearing held or to be held by or on behalf of the Welsh Ministers under or by virtue of any provision of those Parts or this Part.

(2) The Welsh Ministers may make orders about—

(a) the costs of the applicant or appellant, or a planning authority or other party to the proceedings (which may include costs in respect of an inquiry or hearing that does not take place), and

(b) the person or persons who must pay the costs.

(3) But the Welsh Ministers may not order a person to pay the costs of another party unless they are satisfied that—

(a) the person has behaved unreasonably in relation to the proceedings, and

(b) the person’s unreasonable behaviour has caused the other party to incur unnecessary or wasted expenditure.

(4) The power to make orders under this section must also be exercised in accordance with any provision made under section 175(5)(b) (procedural requirements).

CHAPTER 3 — VALIDITY AND CORRECTION OF DECISIONS

Validity of decisions and orders

Validity of certain decisions and orders relating to buildings

182

(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 183.

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

(a) a decision on a review under section 81 (review of listing decision);

(b) a decision on an application referred to the Welsh Ministers under section 94 (reference of application for listed building consent or conservation area consent or for the variation or removal of conditions);

(c) a decision on an appeal under section 100 (appeal against decision or failure to make decision on application for consent, for the variation or removal of conditions or for approval of details);

(d) a decision on an application for listed building consent or conservation area consent made to the Welsh Ministers under section 106 (urgent works on Crown land);

(e) a decision under paragraph 2 of Schedule 9 to confirm or not to confirm a purchase notice, including—

(i) a decision to confirm the notice in relation to only part of the land to which it relates, and

(ii) a decision to grant listed building consen‍t or conservation area consent, or direct that consent must be granted, instead of confirming the notice in relation to the land or any part of it;

(f) a decision under section 128(3)(a) or (b) (determination of appeal against enforcement notice) to grant listed building consent or conservation area consent or remove a condition of consent.

(3) The orders to which this section applies are—

(a) an order under section 107 (modification or revocation of consent) made by a planning authority (whether or not it has been confirmed by the Welsh Ministers) or the Welsh Ministers;

(b) an order under section 115 (termination of listed building partnership agreement or provision of agreement) made by a planning authority or the Welsh Ministers;

(c) an order under section 181(orders relating to costs of parties) made in connection with a decision mentioned in subsection (2) or an order mentioned in paragraph (a) or (b).

(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

183

(1) A person aggrieved by a decision or order to which section 182 applies, or the authority directly concerned with such a decision or order, 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 requirement of this Act, or of subordinate legislation made under it, has not been complied with in relation to the decision or order.

(3) An application for statutory review may only be made with the permission of the High Court.

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