Historic Environment (Wales) Act 2016

27 Issue of certificate that building not intended to be listed

(1) In section 6 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) (issue of certificate that building not intended to be listed)—

(a) omit subsection (1),

(b) in subsection (2), omit “or (1)”, and

(c) in subsection (3), omit “or (1)”.

(2) In the heading to that section, after “listed” insert “: England”.

(3) After that section insert—

“6A Issue of certificate that building not intended to be listed: Wales

(1) The Welsh Ministers may, on the application of any person, issue a certificate stating that the Welsh Ministers do not intend to list a building situated in Wales.

(2) The issue of a certificate under subsection (1) in respect of a building⁠—

(a) precludes the Welsh Ministers for a period of 5 years from the date of issue from exercising in relation to that building any of the powers conferred on them by section 1 or 2A; and

(b) precludes the local planning authority for that period from serving a building preservation notice in relation to it.

(3) Notice of an application under subsection (1) must be given to the local planning authority within whose area the building is situated at the same time as the application is submitted to the Welsh Ministers.”

(4) In paragraph 9 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c.24) (heritage planning regulation), omit sub-paragraph (3).