Historic Environment (Wales) Act 2023

Requirement for confirmation by Welsh Ministers

1 (1) An order under section 115 made by a planning authority does not take effect unless it is confirmed by the Welsh Ministers.

(2) Where a planning authority submits an order to the Welsh Ministers for confirmation, it must serve notice of the submission of the order on—

(a) the other parties to the listed building partnership agreement,

(b) any other person occupying the listed building, or the part of a listed building, to which the agreement relates under a lease granted or extended for a fixed term that has at least 2 years left to run, and

(c) any other person the authority thinks will be affected by the order.

(3) The notice must specify the period within which a person on whom it is served may make a request in writing to the Welsh Ministers for an opportunity to appear before and be heard by a person appointed by the Welsh Ministers.

(4) If a person on whom the notice is served makes such a request within that period, before confirming the order the Welsh Ministers must give such an opportunity to that person and each planning authority that is a party to the listed building partnership agreement.

(5) The period specified under sub-paragraph (3) must be at least 28 days beginning with the day after the day the notice is served.

(6) The Welsh Ministers may confirm the order with or without modifications.