Historic Environment (Wales) Act 2023

90 Applying for listed building consent E+W

(1) An application for listed building consent must be made to the planning authority in whose area the listed building is situated, unless it is made to the Welsh Ministers in accordance with—

(a) regulations made under section 105 (applications by planning authorities or the Crown),

(b) section 106 (applications relating to urgent works on Crown land),

(c) section 305 or 306 of the Housing Act 1985 (c. 68) (applications by local housing authorities for consent to demolish buildings in connection with acquisition of land for clearance), or

(d) any other enactment.

(2) An application for listed building consent must contain—

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

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

(c) any other information required by the planning authority or the Welsh Ministers (as the case may be).

(3) The Welsh Ministers may by regulations make provision about—

(a) the form and content of an application (which may include provision for using a form to be published or provided by the Welsh Ministers or another person);

(b) how an application must be made.

(4) The Welsh Ministers must by regulations require a person who makes an application of a description specified in the regulations to include with the application a statement about—

(a) how the works will affect the character of the listed building as a building of special architectural or historic interest, and

(b) either or both of the following (as specified in the regulations)—

(i) the design principles that have been applied to the works;

(ii) how issues relating to access to the building have been dealt with.

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

(a) the form and content of a statement required under subsection (4);

(b) other documents or materials that must be included with an application.

(6) A planning authority must not consider an application made to it for listed building consent if the application fails to comply with a requirement imposed by or under this section.

Commencement Information

I1 S. 90 not in force at Royal Assent, see s. 212(2)

I2 S. 90(1)(2)(6) in force at 4.11.2024 by S.I. 2024/860, art. 3(b)

I3 S. 90(3)-(5) in force at 9.9.2024 by S.I. 2024/860, art. 2(1)(c)