The Developments of National Significance (Wales) Regulations 2016

2.—(1) The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012(1), in relation to the grant of consent under section 74(2) of the Listed Buildings Act, apply subject to the following modifications. E+W

(2) Regulation 3 (applications for listed building consent or for conservation area consent) is read as if—

(a) in paragraph (1)(a) for “to a local planning authority” there is substituted “to the Welsh Ministers”;

(b) in paragraph (1)(c)(ii) and (iii) for “the local planning authority” there is substituted “the Welsh Ministers”;

(c) paragraph (3) and Part 1 of Schedule 1 are omitted;

(d) in paragraph (4) for “the local planning authority” there is substituted “the Welsh Ministers”;

(e) for paragraph (5) there is substituted—

“(5) Where a valid application under paragraph (1) has been received by the Welsh Ministers, the Welsh Ministers must give notice to the applicant of their decision before the end of the determination period as described in section 62L of the principal Act.”;

(f) in paragraph (6) “or reference to the Welsh Ministers” is omitted and for “the local planning authority decide to grant listed building consent or” there is substituted “the Welsh Ministers decide to grant”;

(g) paragraph (7) is omitted.

(3) Regulation 6(1) is read as if for “Any application to a local planning authority for listed building consent” there is substituted “Any application for conservation area consent where the decision on that consent is to be made by the Welsh Ministers in accordance with section 62F of the principal Act”.

(4) Regulation 7 (certificate to accompany applications and appeals) is read as if—

(a) in paragraph (1) for “A local planning authority” there is substituted “The Welsh Ministers” and “or 4” is omitted;

(b) in paragraph (3)—

(i) “or 4” is omitted;

(ii) for “the local planning authority” there is substituted “the Welsh Ministers”;

(iii) for sub-paragraph (a) there is substituted—

“(a) must determine the application before the end of the determination period as provided for in section 62L of the principal Act”;

(iv) in sub-paragraph (b) for “that period” there is substituted “the representation period as provided for in article 4 of the Developments of National Significance (Procedure) (Wales) Order 2016”.

(5) Regulations 8 (use of electronic communications) and 9 (applications by local planning authorities) do not apply.

(6) Regulation 10 (advertisement of applications) is read as if—

(a) paragraph (1) is omitted; and

(b) for paragraph (2) there is substituted—

“The time within which the Welsh Ministers must give notice to the applicant of their decision is the determination period as described in section 62L of the principal Act”.

(7) Regulations 11 (advertisement of applications for urgent works relating to Crown development), 12 (appeals) and 12A (appeal made: functions of the local planning authority) do not apply.

Commencement Information

I1 Sch. 5 para. 2 in force at 1.3.2016, see reg. 1(2)

(1)

S.I. 2012/793 (W. 108).