The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024

Made: 9 September 2024

Laid before Senedd Cymru: 11 September 2024

Coming into force: 4 November 2024

The Welsh Ministers, in exercise of the powers conferred on them by sections 90(3), (4) and (5), 91(1), (2) and (4), 92(2), 95(4) and (7), 100(4)(a), 101(3) and (5), 102(1), 103(2), 105, 106(5), 107(3)(a), 146(1), 161(2)(c), 170, 209(2) and 211(3)(a) and (4) of, and paragraph 3(2)(a) of Schedule 8 to, the Historic Environment (Wales) Act 2023[^f00001], make the following Regulations.

Title, coming into force and code

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• (1) The title of these Regulations is the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024.

• (2) These Regulations come into force on 4 November 2024.

• (3) These Regulations form part of a code of law relating to the historic environment of Wales[^f00002].

Interpretation

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In these Regulations—

• “the 2023 Act” (“Deddf 2023”) means the Historic Environment (Wales) Act 2023;

• “address” (“cyfeiriad”), in relation to electronic communications, means any number or address used for the purpose of electronic communications;

• “building” (“adeilad”) has the meaning given by section 210 of the 2023 Act;

• “conservation area consent” (“cydsyniad ardal gadwraeth”) has the meaning given by section 162 of the 2023 Act;

• “electronic communication” (“cyfathrebiad electronig”) has the meaning given by section 15(1) of the Electronic Communications Act 2000[^f00003];

• “full statement of case” (“datganiad achos llawn”) means a statement in writing setting out the full particulars of the case that the applicant or appellant proposes to put forward, together with copies of any supporting documents that they intend to put forward or refer to in evidence;

• “land” (“tir”) has the meaning given by section 210 of the 2023 Act;

• “owner” (“perchennog”) means— an owner of the freehold estate, or a tenant under a lease granted or extended for a fixed term that has at least 7 years left to run;

• “listed building consent” (“cydsyniad adeilad rhestredig”) has the meaning given by section 89 of the 2023 Act;

• “planning authority” (“awdurdod cynllunio”) means a local planning authority within the meaning given by Part 1 of the Town and Country Planning Act 1990[^f00004];

• “relevant date” (“dyddiad perthnasol”) has the meaning given by regulation 5(3);

• “works” (“gwaith”) means— in relation to a listed building, works to which section 88 of the 2023 Act applies, and in relation to a conservation area, works to which section 161 of the 2023 Act applies.

PART 1 — APPLICATIONS

Applying for listed building consent

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• (1) In addition to the requirements of section 90(2) of the 2023 Act, an application for listed building consent must—

• (a) be on a form published or provided by the Welsh Ministers or a form substantially to the same effect, and

• (b) include the matters specified in the form.

• (2) Where an application is not made by electronic communication, the application and the documents contained in it must be provided in triplicate.

• (3) Paragraph (2) does not apply if the planning authority to which the application is made indicates that fewer copies are required.

• (4) Any plans or drawings must—

• (a) be drawn to an identified scale, and

• (b) in the case of plans, show the direction of north.

Heritage impact statement

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• (1) An application for listed building consent must include with it a statement referred to as a heritage impact statement.

• (2) A heritage impact statement must—

• (a) describe the special architectural or historic interest of the listed building to which the application relates and its significance, with particular reference to the part of the listed building affected by the works,

• (b) explain the objective that the works are intended to achieve and why they are desirable or necessary,

• (c) include a summary of the options considered for the purpose of achieving the objective in sub-paragraph (b) and the reasons why the proposals to which the application relates are preferred,

• (d) describe the works and the design principles which have been applied to them,

• (e) include a schedule of works,

• (f) describe how the works will affect the character of the listed building as a building of special architectural or historic interest, including an assessment of the impact of the works on the significance of the building, and

• (g) describe how issues relating to access to, or in, the listed building have been dealt with, but excluding issues relating to access to, or in, any part of a listed building which is used as a private dwelling.

Notice of application for listed building consent to owners of building

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• (1) An applicant for listed building consent must take all reasonable steps to give notice of the application to every person (other than the applicant) who is an owner of any part of the listed building to which the application relates in accordance with paragraph (2).

• (2) The notice in paragraph (1) must—

• (a) be in the form published or provided by the Welsh Ministers or a form substantially to the same effect, and

• (b) be given to all persons who were owners on the relevant date, except where paragraph (4) applies.

• (3) For the purposes of this regulation and of regulation 6, the “relevant date” is the first day of the period of 21 days ending with the date that the application for listed building consent is made.

• (4) If the applicant is unable to give notice to an owner at their address, the applicant must publish notice of the application for listed building consent in the form published or provided by the Welsh Ministers—

• (a) in a newspaper circulating in the locality of the listed building to which the application relates;

• (b) on or after the relevant date.

Certificate to be included with application for listed building consent

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• (1) An applicant for listed building consent must include with the application a certificate which complies with paragraph (2), in the form published or provided by the Welsh Ministers or a form substantially to the same effect.

• (2) The certificate must be signed by or on behalf of the applicant for listed building consent and include one of the following statements—

• (a) that on the relevant date the applicant was the only owner of the listed building to which the application relates,

• (b) that the applicant has given notice in accordance with regulation 5,

• (c) that the applicant—

• (i) is unable to issue a certificate in accordance with sub-paragraph (a) or (b),

• (ii) has given notice in accordance with regulation 5 to some of the owners,

• (iii) has taken all reasonable steps to discover the names and addresses of the remainder of the owners but has been unable to do so, and

• (iv) has published notice of the application in a local newspaper in accordance with regulation 5(4), or

• (d) that the applicant—

• (i) is unable to issue a certificate in accordance with sub-paragraph (a), (b) or (c),

• (ii) has taken all reasonable steps to discover the names and addresses of the owners but has been unable to do so, and

• (iii) has published notice of the application in a local newspaper in accordance with regulation 5(4).

• (3) Where a certificate is given in accordance with paragraph (2)(b) or (c), the applicant must also provide in the certificate—

• (a) the names of the owners to whom the notices were given,

• (b) the addresses at which the notices were given, and

• (c) the date on which each notice was given.

• (4) Where a certificate is given in accordance with paragraph (2)(c) or (d), the applicant must also provide in the certificate—

• (a) a list of the steps taken to discover the names and addresses of the owners, and

• (b) the name and date of the newspaper where notice of the application was published.

• (5) For the meaning of “relevant date” see regulation 5(3).

Acknowledgement of application for listed building consent

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• (1) When the planning authority in whose area the building is situated receives the matters listed in paragraph (2), the planning authority must send to the person who made the application an acknowledgement in accordance with paragraph (3).

• (2) The matters referred to in paragraph (1) are—

• (a) an application for listed building consent which complies with the requirements of regulation 3,

• (b) the heritage impact statement which complies with the requirements of regulation 4, and

• (c) the certificate required by regulation 6.

• (3) The acknowledgement referred to in paragraph (1) must be—

• (a) in the terms, or substantially in the terms, set out in Schedule 1, and

• (b) sent as soon as reasonably practicable.

• (4) If, after sending the acknowledgement, the planning authority considers that the application does not comply with a requirement imposed by section 90(2) of the 2023 Act or by these Regulations, the planning authority must notify the applicant as soon as reasonably practicable.

Advertisement of applications for listed building consent

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• (1) Where an application for listed building consent is made to a planning authority, the planning authority must comply with paragraphs (3) and (4), but this is subject to paragraph (2).

• (2) Paragraphs (3) and (4) do not apply to an application for listed building consent to carry out works affecting only the interior of a building which is classified as a Grade II (unstarred) listed building[^f00005].

• (3) The planning authority must—

• (a) publish the following information in a notice in a newspaper circulating in the locality of the listed building to which the application relates—

• (i) a description of the nature of the works which are the subject of the application,

• (ii) details of a place in the locality where a copy of the application and copies of all plans and all documents submitted with it can be inspected at all reasonable hours, and

• (iii) the address of the website where copies of the application, plans and documents referred to in paragraph (ii) can be found, and

• (b) display a notice containing the information in sub-paragraph (a)—

• (i) on or near the listed building to which the application relates;

• (ii) for at least 7 days.

• (4) The planning authority must ensure that the period for inspecting the documents listed in paragraph (3)(a), in both hard copy and on the website, is at least 21 days, beginning with the date of publication of the notice referred to in that paragraph.

Notification to the Amenity Societies and the Royal Commission on the Ancient and Historical Monuments of Wales

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• (1) This regulation applies where a planning authority receives an application for listed building consent.

• (2) The planning authority must ensure that the bodies listed in paragraph (3) are notified of the application where the application is for—

• (a) the demolition of a listed building, or

• (b) partial demolition of a listed building.

• (3) The bodies that a planning authority must notify are—

• (a) the Ancient Monuments Society (charity number 209605, also known as Historic Buildings and Places),

• (b) the Council for British Archaeology (company number 01760254),

• (c) the Georgian Group (charity number 209934),

• (d) the Society for the Protection of Ancient Buildings (company number 05743962),

• (e) the Victorian Society (company number 3940996),

• (f) the Twentieth Century Society (company number 05330664), and

• (g) the Royal Commission on the Ancient and Historical Monuments of Wales.

• (4) The notification under this regulation must be given as soon as reasonably practicable.

Reference of applications to the Welsh Ministers

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• (1) Where an application for listed building consent is referred to the Welsh Ministers under section 94 of the 2023 Act (reference of application to the Welsh Ministers), as soon as reasonably practicable, the planning authority must—

• (a) serve on the applicant and the Welsh Ministers, at the same time, a notice of reference, and

• (b) send to the Welsh Ministers a copy of the application file.

• (2) A notice of reference must—

• (a) state that the application for listed building consent has been referred to the Welsh Ministers,

• (b) set out the reasons given by the Welsh Ministers for issuing the direction which requires the application to be referred to them,

• (c) state that the applicant may submit a full statement of case to the Welsh Ministers and explain what that is, and

• (d) set out the requirements in paragraph (4).

• (3) An applicant on whom a notice of reference is served may send a full statement of case to the Welsh Ministers.

• (4) An applicant who sends a full statement of case must—

• (a) ensure that it is received by the Welsh Ministers before the end of the period of 4 weeks beginning with the day on which the notice of reference is served, and

• (b) send a copy of the full statement of case to the planning authority at the same time it is sent to the Welsh Ministers.

• (5) In this regulation, “application file” means the application for listed building consent together with accompanying documents and all correspondence with the planning authority relating to the application.

Disapplication of requirement to notify the Welsh Ministers of applications for listed building consent

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Section 95(1) of the 2023 Act (notification to Welsh Ministers before granting consent) does not apply to applications for listed building consent to carry out works affecting only the interior of a building which is classified as a Grade II (unstarred) listed building.

Decision on application

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• (1) Where an application for listed building consent is accompanied by a certificate under regulation 6(2)(b), (c) or (d), the planning authority—

• (a) must not determine the application before the end of 21 days beginning with the relevant certificate date,

• (b) must take into account any representations relating to the application made, before the end of that period, by any person who satisfies the planning authority that they are an owner of the listed building, and

• (c) must give notice of its decision to every person who has made representations which it was required to take into account under sub-paragraph (b).

• (2) The planning authority—

• (a) must not determine an application for listed building consent before the later of the end of the period which is—

• (i) referred to in regulation 8(4) (if applicable), and

• (ii) 21 days beginning with the date that the notice referred to in regulation 8(3)(b) was first displayed, and

• (b) must take into account any representations which are received before both periods in sub-paragraph (a) have ended.

• (3) In this regulation, “the relevant certificate date” means—

• (a) in the case of a certificate under regulation 6(2)(b), the latest date of service of a notice, as shown on the certificate;

• (b) in the case of a certificate under regulation 6(2)(c), the later of—

• (i) the latest date of service of a notice, as shown on the certificate;

• (ii) the date of publication in a local newspaper of the notice, as shown on the certificate;

• (c) in the case of a certificate under regulation 6(2)(d), the date of publication in a local newspaper of the notice, as shown on the certificate.

Notice of decision or referral to the Welsh Ministers

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• (1) The planning authority must give written notice to the person who has made an application to them for listed building consent—

• (a) of the decision, or

• (b) that it has referred the application to the Welsh Ministers.

• (2) The “determination period” in section 100(4)(a) of the 2023 Act is 8 weeks, starting with the date that the information required by regulation 7(2) is received (but see also sections 90(6) and 100(4)(b) of that Act).

• (3) Where the planning authority decides to grant the application subject to conditions or to refuse it, the notice referred to in paragraph (1) must also—

• (a) include the reasons for the decision, and

• (b) be accompanied by a notification in the terms, or substantially the same terms, set out in Schedule 2.

Notification of amenity societies etc. of decision

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• (1) This regulation applies to a decision on an application for listed building consent for—

• (a) the demolition of a listed building, or

• (b) partial demolition of a listed building.

• (2) A planning authority must notify the bodies in regulation 9(3) of its decision as soon as practicable after making that decision.

Application for variation or removal of conditions

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• (1) Regulations 3 to 14 apply to an application under section 99 of the 2023 Act (application for variation or removal of conditions) as they apply to an application for listed building consent.

• (2) In their application to an application under section 99 of the 2023 Act, the regulations applied by paragraph (1) are to be read as if—

• (a) any reference to an application for listed building consent were a reference to an application for variation or removal of conditions of listed building consent, and

• (b) any reference to an applicant for listed building consent were a reference to an applicant for variation or removal of conditions of listed building consent.