Historic Environment (Wales) Act 2023
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Changes over time for: Section 100
Version Superseded: 04/11/2024
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- 09/09/2024- Amendment
- 09/09/2024
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Historic Environment (Wales) Act 2023, Section 100 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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100Right to appeal against planning authority decision or failure to make decisionE+W
(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
(c)approval of details of works under a condition of listed building consent.
(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.
Commencement Information
I1S. 100 not in force at Royal Assent, see s. 212(2)
I2S. 100(4)(a) in force at 9.9.2024 by S.I. 2024/860, art. 2(1)(g)
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