13. In Schedule 5—U.K.
(a)for paragraph 2 of Part 2 substitute—
“2.—(1) In their application in relation to a conservation area consent which is connected to an application for a nationally significant development under section 62D of the Town and Country Planning Act 1990, the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024 apply with the following modifications and exceptions (and see regulation 24 of those Regulations).
| Provision | Modification or disapplication |
|---|---|
| Regulation 3 (applying for listed building consent) | Regulation 3 is to be read as if, in paragraph (3), for “the planning authority to which the application is made” there were substituted “the Welsh Ministers”. |
| Regulation 7 (acknowledgement of application for listed building consent) | Regulation 7 is to be read as if there were substituted— “7If the Welsh Ministers consider that an application does not comply with a requirement imposed by section 90(2) of the 2023 Act or by these Regulations, the Welsh Ministers must notify the applicant as soon as reasonably practicable.” |
| Regulation 8 (advertisement of applications) | Regulation 8 does not apply. |
| Regulation 12 (decision on application) | Regulation 12 is to be read as if there were substituted— “12. The Welsh Ministers must give notice of their decision before the end of the determination period referred to in section 62L of the Town and Country Planning Act 1990.” |
| Regulation 13 (notice of decision or referral to the Welsh Ministers) | Regulation 13 is to be read as if— (a)in paragraph (1)— (i)in the words before sub-paragraph (a), the reference to the planning authority were to the Welsh Ministers; (ii)sub-paragraph (b) and the “or” before it were omitted; (b)for paragraph (2) there were substituted— “(2) The decision must be given before the end of the determination period within the meaning of section 62L of the Town and Country Planning Act 1990.”; (c)in paragraph (3)— (i)for “the planning authority decides” there were substituted “the Welsh Ministers decide”; (ii)sub-paragraph (b) and the “and” before it were omitted. |
| Regulation 19 (applications by a planning authority for demolition of a listed building) | Regulation 19 does not apply. |
| Regulation 22 (publicity for applications relating to urgent works on Crown land) | Regulation 22 does not apply. |
(2) In this paragraph, “conservation area consent” has the meaning given in section 162 of the Historic Environment (Wales) Act 2023.”
(b)in paragraph 3(2) of Part 2—
(i)for “section 74 of the Listed Buildings Act,”, substitute “section 162 of the Historic Environment (Wales) Act 2023,”;
(ii)for “regulation 3(1) and (2)” to the end substitute “regulation 3 of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024.”
Commencement Information
I1Sch. 4 para. 13 in force at 4.11.2024, see reg. 1(2)