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The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024
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Regulation 13 (3)(b)
SCHEDULE 2E+WNotification to Applicant on Refusal of Consent or Grant of Consent Subject to Conditions (to be included with notices of decision)
1. If you are aggrieved by the decision of the planning authority to refuse consent for the works or to grant it subject to conditions, you may appeal to the Welsh Ministers. The right to, and procedure for, appeal is in sections 100 to 102 of the Historic Environment (Wales) Act 2023.E+W
Commencement Information
I1Sch. 2 para. 1 in force at 4.11.2024, see reg. 1(2)
2. You must submit any appeal on a form which you can obtain from the Welsh Ministers. You must submit any notice of appeal during the 6 months starting with the day after the date of the decision.E+W
Commencement Information
I2Sch. 2 para. 2 in force at 4.11.2024, see reg. 1(2)
3. The Welsh Ministers may allow a longer period for you to give notice of appeal, but they will not normally be prepared to do that unless there are special circumstances.E+W
Commencement Information
I3Sch. 2 para. 3 in force at 4.11.2024, see reg. 1(2)
4. If consent is refused, or is granted subject to conditions (whether by the planning authority or the Welsh Ministers), if the conditions in paragraph 6 are satisfied, the owner has the rights described in paragraph 8.E+W
Commencement Information
I4Sch. 2 para. 4 in force at 4.11.2024, see reg. 1(2)
5. In the following paragraphs, “associated land” means land which includes, adjoins or is adjacent to the building and is owned with the building, and “usable” means capable of reasonably beneficial use.E+W
Commencement Information
I5Sch. 2 para. 5 in force at 4.11.2024, see reg. 1(2)
6. The conditions are that the owner of the building and associated land claims F1...—E+W
(a)[F2that the building and the associated land] are unusable in their existing state,
(b)[F3that the building and the associated land] cannot be made usable—
(i)in a case where listed building consent has been granted subject to conditions or modified by the imposition of conditions, by carrying out the works to which the consent relates in accordance with the conditions, and
(ii)in any case, by carrying out any other works for which consent has been granted or for which the planning authority has, or the Welsh Ministers have, undertaken to grant consent,
(c)that the use of the associated land is substantially inseparable from the use of the listed building, and
(d)that the associated land ought to be treated, together with the building, as a single holding.
Textual Amendments
F1Words in Sch. 2 para. 6 omitted (31.12.2024) by virtue of The Historic Environment (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/1258), regs. 1(2), 12(a)
F2Words in Sch. 2 para. 6(a) inserted (31.12.2024) by The Historic Environment (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/1258), regs. 1(2), 12(b)
F3Words in Sch. 2 para. 6(b) inserted (31.12.2024) by The Historic Environment (Miscellaneous Amendments) (Wales) Regulations 2024 (S.I. 2024/1258), regs. 1(2), 12(c)
Commencement Information
I6Sch. 2 para. 6 in force at 4.11.2024, see reg. 1(2)
7. There is more detail about the meaning of “usable in their/its existing state” in section 109(7) and (8) of the Historic Environment (Wales) Act 2023.E+W
Commencement Information
I7Sch. 2 para. 7 in force at 4.11.2024, see reg. 1(2)
8. If the conditions in paragraph 6 are satisfied, the owner may serve a purchase notice on the planning authority in whose area the building is situated, requiring the planning authority to purchase the owner’s interest in the building and associated land.E+W
Commencement Information
I8Sch. 2 para. 8 in force at 4.11.2024, see reg. 1(2)
9. There is further detail about this right in sections 109 to 112 of the Historic Environment (Wales) Act 2023.E+W
Commencement Information
I9Sch. 2 para. 9 in force at 4.11.2024, see reg. 1(2)
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