Planning (Listed Buildings and Conservation Areas) Act 1990

[F1 26L Heritage partnership agreements E+W

(1) A relevant local planning authority may make an agreement under this section with any owner of a listed building, or part of such a building, situated in Wales.

(2) Any of the following may also be a party to an agreement made by a relevant local planning authority under this section (in addition to the owner and the authority)—

(a) any other relevant local planning authority;

(b) the Welsh Ministers;

(c) any occupier of the listed building;

(d) any person who has an interest in the listed building;

(e) any person involved in the management of the listed building;

(f) any other person who appears to the relevant planning authority appropriate as having special knowledge of, or interest in, the listed building, or in buildings of architectural or historic interest more generally.

(3) The Welsh Ministers may make an agreement under this section with any owner of a listed building, or part of such a building, situated in Wales.

(4) Any of the following may also be a party to an agreement made by the Welsh Ministers under this section (in addition to the owner and the Welsh Ministers)—

(a) any relevant local planning authority;

(b) any occupier of the listed building;

(c) any person who has an interest in the listed building;

(d) any person involved in the management of the listed building;

(e) any other person who appears to the Welsh Ministers appropriate as having special knowledge of, or interest in, the listed building, or in buildings of architectural or historic interest more generally.

(5) An agreement under this section is referred to in this section and in section 26M as a “heritage partnership agreement”.

(6) A heritage partnership agreement may contain provision—

(a) granting listed building consent under section 8(1) in respect of specified works for the alteration or extension of the listed building to which the agreement relates; and

(b) specifying any conditions to which the consent is subject.

(7) The conditions to which listed building consent may be subject under subsection (6)(b) in respect of specified works are those that could be attached to listed building consent in respect of the works if consent were to be granted under section 16.

(8) A heritage partnership agreement may also—

(a) specify or describe works that would or would not, in the view of the parties to the agreement, affect the character of the listed building as a building of special architectural or historic interest;

(b) make provision about the maintenance and preservation of the listed building;

(c) make provision about the carrying out of specified works, or the doing of any specified thing, in relation to the listed building;

(d) provide for public access to the listed building and the provision to the public of associated facilities, information or services;

(e) restrict access to, or use of, the listed building;

(f) prohibit the doing of any specified thing in relation to the listed building;

(g) provide for a relevant local planning authority or the Welsh Ministers to make payments of specified amounts and on specified terms—

(i) for, or towards, the costs of any works provided for under the agreement; or

(ii) in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.

(9) In this section “specified” means specified or described in the heritage partnership agreement.

(10) In this section and in section 26M—

• “owner”, in relation to a listed building or part of such a building, means a person who is for the time being—

  (a)

  the estate owner in respect of the fee simple in the building or part; or

  (b)

  entitled to a tenancy of the building or part granted or extended for a term of years certain of which not less than 7 years remain unexpired;

• “relevant local planning authority”, in relation to a listed building, means a local planning authority in whose area the building or any part of the building is situated.]

Textual Amendments

F1 Ss. 26L, 26M and cross-heading inserted (21.3.2016 for specified purposes, 1.1.2022 in so far as not already in force) by Historic Environment (Wales) Act 2016 (anaw 4), ss. 28(1), 41(1)(c)(3); S.I. 2021/1059, art. 2(b)