- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Original (As made) - English
- Original (As made) - Welsh
There are currently no known outstanding effects for the The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1.—(1) The title of these Regulations is the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024.
(2) These Regulations come into force on 4 November 2024.
(3) These Regulations form part of a code of law relating to the historic environment of Wales(1).
2. In these Regulations—
“the 2023 Act” (“Deddf 2023”) means the Historic Environment (Wales) Act 2023;
“address” (“cyfeiriad”), in relation to electronic communications, means any number or address used for the purpose of electronic communications;
“building” (“adeilad”) has the meaning given by section 210 of the 2023 Act;
“conservation area consent” (“cydsyniad ardal gadwraeth”) has the meaning given by section 162 of the 2023 Act;
“electronic communication” (“cyfathrebiad electronig”) has the meaning given by section 15(1) of the Electronic Communications Act 2000(2);
“full statement of case” (“datganiad achos llawn”) means a statement in writing setting out the full particulars of the case that the applicant or appellant proposes to put forward, together with copies of any supporting documents that they intend to put forward or refer to in evidence;
“land” (“tir”) has the meaning given by section 210 of the 2023 Act;
“owner” (“perchennog”) means—
an owner of the freehold estate, or
a tenant under a lease granted or extended for a fixed term that has at least 7 years left to run;
“listed building consent” (“cydsyniad adeilad rhestredig”) has the meaning given by section 89 of the 2023 Act;
“planning authority” (“awdurdod cynllunio”) means a local planning authority within the meaning given by Part 1 of the Town and Country Planning Act 1990(3);
“relevant date” (“dyddiad perthnasol”) has the meaning given by regulation 5(3);
“works” (“gwaith”) means—
in relation to a listed building, works to which section 88 of the 2023 Act applies, and
in relation to a conservation area, works to which section 161 of the 2023 Act applies.
3.—(1) In addition to the requirements of section 90(2) of the 2023 Act, an application for listed building consent must—
(a)be on a form published or provided by the Welsh Ministers or a form substantially to the same effect, and
(b)include the matters specified in the form.
(2) Where an application is not made by electronic communication, the application and the documents contained in it must be provided in triplicate.
(3) Paragraph (2) does not apply if the planning authority to which the application is made indicates that fewer copies are required.
(4) Any plans or drawings must—
(a)be drawn to an identified scale, and
(b)in the case of plans, show the direction of north.
4.—(1) An application for listed building consent must include with it a statement referred to as a heritage impact statement.
(2) A heritage impact statement must—
(a)describe the special architectural or historic interest of the listed building to which the application relates and its significance, with particular reference to the part of the listed building affected by the works,
(b)explain the objective that the works are intended to achieve and why they are desirable or necessary,
(c)include a summary of the options considered for the purpose of achieving the objective in sub-paragraph (b) and the reasons why the proposals to which the application relates are preferred,
(d)describe the works and the design principles which have been applied to them,
(e)include a schedule of works,
(f)describe how the works will affect the character of the listed building as a building of special architectural or historic interest, including an assessment of the impact of the works on the significance of the building, and
(g)describe how issues relating to access to, or in, the listed building have been dealt with, but excluding issues relating to access to, or in, any part of a listed building which is used as a private dwelling.
5.—(1) An applicant for listed building consent must take all reasonable steps to give notice of the application to every person (other than the applicant) who is an owner of any part of the listed building to which the application relates in accordance with paragraph (2).
(2) The notice in paragraph (1) must—
(a)be in the form published or provided by the Welsh Ministers or a form substantially to the same effect, and
(b)be given to all persons who were owners on the relevant date, except where paragraph (4) applies.
(3) For the purposes of this regulation and of regulation 6, the “relevant date” is the first day of the period of 21 days ending with the date that the application for listed building consent is made.
(4) If the applicant is unable to give notice to an owner at their address, the applicant must publish notice of the application for listed building consent in the form published or provided by the Welsh Ministers—
(a)in a newspaper circulating in the locality of the listed building to which the application relates;
(b)on or after the relevant date.
6.—(1) An applicant for listed building consent must include with the application a certificate which complies with paragraph (2), in the form published or provided by the Welsh Ministers or a form substantially to the same effect.
(2) The certificate must be signed by or on behalf of the applicant for listed building consent and include one of the following statements—
(a)that on the relevant date the applicant was the only owner of the listed building to which the application relates,
(b)that the applicant has given notice in accordance with regulation 5,
(c)that the applicant—
(i)is unable to issue a certificate in accordance with sub-paragraph (a) or (b),
(ii)has given notice in accordance with regulation 5 to some of the owners,
(iii)has taken all reasonable steps to discover the names and addresses of the remainder of the owners but has been unable to do so, and
(iv)has published notice of the application in a local newspaper in accordance with regulation 5(4), or
(d)that the applicant—
(i)is unable to issue a certificate in accordance with sub-paragraph (a), (b) or (c),
(ii)has taken all reasonable steps to discover the names and addresses of the owners but has been unable to do so, and
(iii)has published notice of the application in a local newspaper in accordance with regulation 5(4).
(3) Where a certificate is given in accordance with paragraph (2)(b) or (c), the applicant must also provide in the certificate—
(a)the names of the owners to whom the notices were given,
(b)the addresses at which the notices were given, and
(c)the date on which each notice was given.
(4) Where a certificate is given in accordance with paragraph (2)(c) or (d), the applicant must also provide in the certificate—
(a)a list of the steps taken to discover the names and addresses of the owners, and
(b)the name and date of the newspaper where notice of the application was published.
(5) For the meaning of “relevant date” see regulation 5(3).
7.—(1) When the planning authority in whose area the building is situated receives the matters listed in paragraph (2), the planning authority must send to the person who made the application an acknowledgement in accordance with paragraph (3).
(2) The matters referred to in paragraph (1) are—
(a)an application for listed building consent which complies with the requirements of regulation 3,
(b)the heritage impact statement which complies with the requirements of regulation 4, and
(c)the certificate required by regulation 6.
(3) The acknowledgement referred to in paragraph (1) must be—
(a)in the terms, or substantially in the terms, set out in Schedule 1, and
(b)sent as soon as reasonably practicable.
(4) If, after sending the acknowledgement, the planning authority considers that the application does not comply with a requirement imposed by section 90(2) of the 2023 Act or by these Regulations, the planning authority must notify the applicant as soon as reasonably practicable.
8.—(1) Where an application for listed building consent is made to a planning authority, the planning authority must comply with paragraphs (3) and (4), but this is subject to paragraph (2).
(2) Paragraphs (3) and (4) do not apply to an application for listed building consent to carry out works affecting only the interior of a building which is classified as a Grade II (unstarred) listed building(4).
(3) The planning authority must—
(a)publish the following information in a notice in a newspaper circulating in the locality of the listed building to which the application relates—
(i)a description of the nature of the works which are the subject of the application,
(ii)details of a place in the locality where a copy of the application and copies of all plans and all documents submitted with it can be inspected at all reasonable hours, and
(iii)the address of the website where copies of the application, plans and documents referred to in paragraph (ii) can be found, and
(b)display a notice containing the information in sub-paragraph (a)—
(i)on or near the listed building to which the application relates;
(ii)for at least 7 days.
(4) The planning authority must ensure that the period for inspecting the documents listed in paragraph (3)(a), in both hard copy and on the website, is at least 21 days, beginning with the date of publication of the notice referred to in that paragraph.
9.—(1) This regulation applies where a planning authority receives an application for listed building consent.
(2) The planning authority must ensure that the bodies listed in paragraph (3) are notified of the application where the application is for—
(a)the demolition of a listed building, or
(b)partial demolition of a listed building.
(3) The bodies that a planning authority must notify are—
(a)the Ancient Monuments Society (charity number 209605, also known as Historic Buildings and Places),
(b)the Council for British Archaeology (company number 01760254),
(c)the Georgian Group (charity number 209934),
(d)the Society for the Protection of Ancient Buildings (company number 05743962),
(e)the Victorian Society (company number 3940996),
(f)the Twentieth Century Society (company number 05330664), and
(g)the Royal Commission on the Ancient and Historical Monuments of Wales.
(4) The notification under this regulation must be given as soon as reasonably practicable.
10.—(1) Where an application for listed building consent is referred to the Welsh Ministers under section 94 of the 2023 Act (reference of application to the Welsh Ministers), as soon as reasonably practicable, the planning authority must—
(a)serve on the applicant and the Welsh Ministers, at the same time, a notice of reference, and
(b)send to the Welsh Ministers a copy of the application file.
(2) A notice of reference must—
(a)state that the application for listed building consent has been referred to the Welsh Ministers,
(b)set out the reasons given by the Welsh Ministers for issuing the direction which requires the application to be referred to them,
(c)state that the applicant may submit a full statement of case to the Welsh Ministers and explain what that is, and
(d)set out the requirements in paragraph (4).
(3) An applicant on whom a notice of reference is served may send a full statement of case to the Welsh Ministers.
(4) An applicant who sends a full statement of case must—
(a)ensure that it is received by the Welsh Ministers before the end of the period of 4 weeks beginning with the day on which the notice of reference is served, and
(b)send a copy of the full statement of case to the planning authority at the same time it is sent to the Welsh Ministers.
(5) In this regulation, “application file” means the application for listed building consent together with accompanying documents and all correspondence with the planning authority relating to the application.
11. Section 95(1) of the 2023 Act (notification to Welsh Ministers before granting consent) does not apply to applications for listed building consent to carry out works affecting only the interior of a building which is classified as a Grade II (unstarred) listed building.
12.—(1) Where an application for listed building consent is accompanied by a certificate under regulation 6(2)(b), (c) or (d), the planning authority—
(a)must not determine the application before the end of 21 days beginning with the relevant certificate date,
(b)must take into account any representations relating to the application made, before the end of that period, by any person who satisfies the planning authority that they are an owner of the listed building, and
(c)must give notice of its decision to every person who has made representations which it was required to take into account under sub-paragraph (b).
(2) The planning authority—
(a)must not determine an application for listed building consent before the later of the end of the period which is—
(i)referred to in regulation 8(4) (if applicable), and
(ii)21 days beginning with the date that the notice referred to in regulation 8(3)(b) was first displayed, and
(b)must take into account any representations which are received before both periods in sub-paragraph (a) have ended.
(3) In this regulation, “the relevant certificate date” means—
(a)in the case of a certificate under regulation 6(2)(b), the latest date of service of a notice, as shown on the certificate;
(b)in the case of a certificate under regulation 6(2)(c), the later of—
(i)the latest date of service of a notice, as shown on the certificate;
(ii)the date of publication in a local newspaper of the notice, as shown on the certificate;
(c)in the case of a certificate under regulation 6(2)(d), the date of publication in a local newspaper of the notice, as shown on the certificate.
13.—(1) The planning authority must give written notice to the person who has made an application to them for listed building consent—
(a)of the decision, or
(b)that it has referred the application to the Welsh Ministers.
(2) The “determination period” in section 100(4)(a) of the 2023 Act is 8 weeks, starting with the date that the information required by regulation 7(2) is received (but see also sections 90(6) and 100(4)(b) of that Act).
(3) Where the planning authority decides to grant the application subject to conditions or to refuse it, the notice referred to in paragraph (1) must also—
(a)include the reasons for the decision, and
(b)be accompanied by a notification in the terms, or substantially the same terms, set out in Schedule 2.
14.—(1) This regulation applies to a decision on an application for listed building consent for—
(a)the demolition of a listed building, or
(b)partial demolition of a listed building.
(2) A planning authority must notify the bodies in regulation 9(3) of its decision as soon as practicable after making that decision.
15.—(1) Regulations 3 to 14 apply to an application under section 99 of the 2023 Act (application for variation or removal of conditions) as they apply to an application for listed building consent.
(2) In their application to an application under section 99 of the 2023 Act, the regulations applied by paragraph (1) are to be read as if—
(a)any reference to an application for listed building consent were a reference to an application for variation or removal of conditions of listed building consent, and
(b)any reference to an applicant for listed building consent were a reference to an applicant for variation or removal of conditions of listed building consent.
(3) In their application to an application under section 99 of the 2023 Act, read—
(a)regulation 9 (notification to the amenity societies etc.) as if “is for” there were substituted “relates to”;
(b)regulation 11 (disapplication of requirement to notify Welsh Ministers) as if for “carry out works” there were substituted “vary or remove a condition relating to works”;
(c)regulation 13(3)(b) (notice of decision or referral to Welsh Ministers) as if the reference to Schedule 2 were a reference to Schedule 3.
16.—(1) The applicant must give notice of any appeal under section 100(2) of the 2023 Act to the Welsh Ministers within 6 months beginning with the day after the date of the decision.
(2) The Welsh Ministers may extend the period in paragraph (1).
(3) The applicant must give notice of any appeal under section 100 of the 2023 Act on a form provided or published by the Welsh Ministers, and include with it—
(a)a full statement of case, and
(b)a copy of—
(i)the application for listed building consent;
(ii)all information and all documents submitted with the application;
(iii)any notice of the decision;
(iv)all other relevant correspondence with the planning authority.
(4) The applicant must send to the planning authority a copy of the notice of appeal and the full statement of case, as soon as reasonably practicable.
(5) Regulation 5 (notice of application to owners), regulation 6 (certificate with application) and regulation 21 (application in respect of Crown land) apply to an appeal in relation to an application for listed building consent as they apply to an application for listed building consent, but as if references to an application and an applicant were references to an appeal and an appellant.
17.—(1) An application for listed building consent to which an appeal relates may be varied in order to correct an inconsistency between the information in the application and any of the documents which accompany it, but this is subject to paragraph (2).
(2) The application may not be varied if it changes the substance of the application.
18. The period prescribed for the purpose of section 103(2) of the 2023 Act (period within which the Welsh Ministers may not determine an appeal against failure to give notice of decision) is 4 weeks.
19.—(1) This regulation applies to an application by a planning authority for—
(a)listed building consent for the demolition of a listed building;
(b)the variation or removal of conditions of listed building consent for the demolition of a listed building.
(2) An application must be made to the Welsh Ministers (see section 90(1)(a) of the 2023 Act).
(3) The decision of the Welsh Ministers on an application is final.
(4) Where this regulation applies—
(a)regulation 3 (applying for listed building consent) is to be read as if—
(i)paragraph (1) included a requirement for the application to be accompanied by any representations received before both periods in regulation 12(2)(a) have expired;
(ii)in paragraph (3), for “the planning authority to which the application is made indicates” there were substituted “the Welsh Ministers indicate”;
(b)regulation 7 (acknowledgement of application for listed building consent) is to be read as if—
(i)in paragraph (1), for “the planning authority in whose area the building is situated receives” there were substituted “the Welsh Ministers receive”;
(ii)in paragraph 7(4), for “the planning authority considers” there were substituted “the Welsh Ministers consider”;
(iii)all other references to a planning authority were references to the Welsh Ministers;
(c)regulation 8 (advertisement of applications) is to be read as if paragraph (1) of that regulation required the planning authority to comply with paragraphs 3) and (4) before the planning authority sends an application for listed building consent to the Welsh Ministers;
(d)regulation 9 (notification to the amenity societies etc.) is to be read as if in paragraph 9(1) for “receives” there were substituted “makes”;
(e)regulation 12 (decision on application) is to be read as if—
(i)in paragraph (1), references to the planning authority were to the Welsh Ministers;
(ii)in paragraph (2)—
(aa)in sub-paragraph (a), for “must not determine” there were substituted “must not send”;
(bb)the duty in sub-paragraph (b) were a duty of the Welsh Ministers and not the planning authority;
(f)regulation 15 (application for variation or removal of conditions) is to be read as if in paragraph (1) the reference to regulations “3 to 14” were a reference to regulations “3 to 9, 12 and 14”;
(g)regulation 16 (appeals) does not apply.
20. Section 100 of the 2023 Act (right to appeal against planning authority decision or failure to make decision) does not apply to an application for listed building consent by a planning authority which is determined by that planning authority.
21.—(1) This regulation applies to an application for listed building consent in respect of Crown land.
(2) An application may be accompanied by—
(a)a statement that the application is made in respect of Crown land, and
(b)a copy of the authorisation by the appropriate Crown authority to make the application.
(3) If an application is accompanied by a statement and an authorisation as referred to in paragraph (2)—
(a)regulation 5 (notice of application to owners) does not apply;
(b)regulation 6 (certificate to be included with application) does not apply;
(c)regulation 7(2) (acknowledgement of application) applies as if for sub-paragraph (c) there were substituted “the statement and authorisation referred to in regulation 21”.
(4) In this regulation—
“appropriate Crown authority” (“awdurdod priodol y Goron”) has the meaning given by section 207(6) of the 2023 Act;
“Crown land” (“tir y Goron”) has the meaning given by section 207(2) of the 2023 Act.
22.—(1) Where an application is made under section 106(1) of the 2023 Act (applications relating to urgent works on Crown land), the Welsh Ministers must comply with paragraphs (3) to (6), but this is subject to paragraph (2).
(2) Paragraphs (3) to (6) do not apply to an application for listed building consent to carry out works affecting only the interior of a building which is classified as a Grade II (unstarred) listed building.
(3) The Welsh Ministers must publish notice of the application and of the fact that documents and other material are available for inspection, in a newspaper circulating in the locality of the listed building to which the application relates.
(4) The notice in paragraph (3) must include—
(a)an indication of the nature of the works which are the subject of the application;
(b)details of—
(i)the place where, and the times at which, the documents and other material relating to the application are available for inspection under section 106(4) of the 2023 Act, and
(ii)a website where the documents and other material relating to the application are available for inspection.
(5) The documents and other materials referred to in paragraph (4) must be made available for inspection at all reasonable hours for at least 21 days, beginning with the date of publication of the notice referred to in paragraph (3).
(6) The Welsh Ministers must display a notice containing the information referred to in paragraph (4)—
(a)on or near the building to which the application relates;
(b)for at least 7 days.
(7) Section 106 of the 2023 Act applies to an application under section 99 of that Act (application for variation or removal of conditions) as it applies to an application for listed building consent.
(8) The following regulations do not apply to an application under section 106(1) of the 2023 Act (applications relating to urgent works on Crown land)—
(a)regulation 3 (applying for listed building consent);
(b)regulation 4 (heritage impact statement).
(9) Regulation 15(1) (application for variation or removal of conditions) applies as if—
(a)the reference to regulations 3 to 14 were a reference to regulations 5 and 6;
(b)paragraph (3) was omitted.
23.—(1) Section 161(1) of the 2023 Act (requirement for demolition in conservation areas to be authorised) does not apply to—
(a)a building with a total cubic content of not more than 115 cubic metres when measured externally, except a tombstone which dates from before 1925;
(b)a gate, wall, fence or other way of enclosing land which—
(i)where it is next to a highway or restricted byway, waterway or open space, is less than one metre high, or
(ii)is less than two metres high in any other case;
(c)a building erected after 1913 and in use, or last used, for the purposes of agriculture or forestry;
(d)a building required to be demolished by—
(i)an order made under section 102 of the Town and Country Planning Act 1990(5);
(ii)an agreement made under section 106 of the Town and Country Planning Act 1990(6);
(iii)an enforcement notice where the notice is issued under—
(aa)section 172 of the Town and Country Planning Act 1990(7), or
(bb)section 123 or 134 of the 2023 Act;
(iv)a condition of planning permission granted under section 70(8) or section 177(1)(9) of the Town and Country Planning Act 1990;
(v)a notice under section 215 of the Town and Country Planning Act 1990;
(e)a building included in an operative demolition order under section 265 of the Housing Act 1985(10);
(f)a building included in a clearance area declared under section 289 of the Housing Act 1985(11);
(g)a building on land purchased by a local housing authority under section 290 of the Housing Act 1985;
(h)a building closed for regular public worship in accordance with provision made under Part 6 of the Mission and Pastoral Measure 2011 (No. 3)(12) by a pastoral church buildings scheme or a pastoral (church buildings disposal) scheme.
(2) In this regulation—
“highway” (“priffordd”) has the same meaning as in the Highways Act 1980(13) (see section 328(1) and (2) of that Act(14));
“open space” (“man agored”) means any land laid out as a public garden, or used for the purposes of public recreation, or land which is a disused burial ground;
“restricted byway” (“cilffordd gyfyngedig”) has the meaning in section 48(4) of the Countryside and Rights of Way Act 2000(15) (see section 48(4) and (5) of that Act).
(3) See also section 161(2) of the 2023 Act for other exceptions to the requirement in section 161(1) for demolition to be authorised.
24.—(1) These Regulations apply in relation to buildings to which section 161 of the 2023 Act (demolition in conservation areas) applies as they apply in relation to listed buildings except—
(a)regulation 8(2),
(b)regulation 9,
(c)regulation 11, and
(d)regulation 14.
(2) In their application to buildings to which section 161 of the 2023 Act applies, these Regulations apply as if—
(a)any reference to listed building consent were a reference to conservation area consent;
(b)any reference to the character of the listed building were a reference to the character or appearance of the conservation area in which the building is situated;
(c)any other reference to a listed building were a reference to a building to which section 161 of the 2023 Act applies.
(3) In its application to buildings to which section 161 of the 2023 Act applies, regulation 4(2) is to be read as if—
(a)in sub-paragraph (a), “with particular reference to the part of the listed building affected by the works” were omitted;
(b)as if sub-paragraph (g) were omitted.
25.—(1) This regulation applies when a planning authority is required to publish notice of an order made under section 107 of the 2023 Act (modification and revocation of consent).
(2) For the purpose of paragraph 3(2) of Schedule 8 to the 2023 Act (procedure for orders modifying or revoking listed building consent), the way that a planning authority must publish that notice is in a newspaper circulating in the locality where the listed building to which the order relates is situated.
26.—(1) The rate of interest specified for the purpose of section 146(1) of the 2023 Act (recovery of costs of preservation works) is 2% per annum above the Bank of England base rate.
(2) In this regulation, “the Bank of England base rate” for any particular day means—
(a)if an order under section 19 of the Bank of England Act 1998(16) is in force, any rate equivalent to the rate described in sub-paragraph (b), or if there is none,
(b)the rate announced as the official dealing rate at the meeting of the Monetary Policy Committee of the Bank of England last held before that day.
27. Schedule 4 contains consequential amendments.
28. Schedule 5 contains revocations.
Jane Hutt
Cabinet Secretary for Culture, Social Justice, Trefnydd and Chief Whip, one of the Welsh Ministers
9 September 2024
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: