Explanatory Notes

Historic Environment (Wales) Act 2023

3

14 June 2023

Commentary on Sections

Part 5 — Supplementary provision about buildings of special interest and conservation areas

Chapter 1 — Exercise of functions by planning authorities and other local authorities
Section 168 — Arrangements for exercising functions in relation to applications

636.Section 168(1) applies sections 319ZA to 319ZD of the 1990 Planning Act to the exercise of a planning authority’s functions in relation to applications for listed building or conservation area consent, variation of a consent or approval of details as required as part of a condition of a consent. Sections 319ZA to 319ZD make provision for planning authorities’ functions to be discharged by committees, subcommittees or officers, and set the requirements for the size and composition of the committees.

637.Subsection (2) prevents challenges to decisions on the grounds that they should have been made by another planning authority.