Historic Environment (Wales) Act 2023

114 Further provision about listed building partnership agreements E+W

(1) A listed building partnership agreement must be in writing.

(2) A listed building partnership agreement must—

(a) contain enough information to identify the listed building to which it relates, including a plan;

(b) contain any other plans and drawings that are necessary to describe any works to which it relates;

(c) specify the date on which it takes effect and its duration;

(d) make provision for the parties to review the terms of the agreement at intervals specified in it;

(e) make provision for its variation (but this is subject to regulations under subsection (5));

(f) make provision for its termination (but this is subject to section 115).

(3) A listed building partnership agreement may contain incidental and consequential provision.

(4) The Welsh Ministers may by regulations specify other terms that must be included in a listed building partnership agreement.

(5) The Welsh Ministers must by regulations make provision about—

(a) the consultation that must take place before a listed building partnership agreement is made or varied;

(b) the publicity that must be given to a listed building partnership agreement before or after it is made or varied.

(6) In considering whether to make a listed building partnership agreement that grants listed building consent, or vary an agreement so that it grants consent, a planning authority or the Welsh Ministers must have special regard to the desirability of preserving—

(a) the listed building to which the agreement relates,

(b) the setting of the building, and

(c) any features of special architectural or historic interest the building possesses.

(7) A listed building partnership agreement may not impose any obligation or liability, or confer any right, on a person who is not a party to the agreement; and listed building consent granted by such an agreement has effect only for the benefit of the parties to it.

(8) The Welsh Ministers may by regulations—

(a) disapply, or apply or reproduce with or without modifications, any provision of sections 90 to 104 (granting listed building consent) or Chapter 4 (enforcement) for the purposes of listed building partnership agreements, and

(b) provide for any other provision of this Act to apply with modifications that are consequential on provision made under paragraph (a).

Commencement Information

I1 S. 114 not in force at Royal Assent, see s. 212(2)

I2 S. 114(1)-(4), (6)-(8) in force at 4.11.2024 by S.I. 2024/860, art. 3(b)

I3 S. 114(5) in force at 9.9.2024 by S.I. 2024/860, art. 2(1)(j)