Historic Environment (Wales) Act 2023

Special cases

105 Applications by planning authorities and the Crown

(1) The Welsh Ministers may by regulations provide that any provision made by or under this Act is not to apply, or is to apply with modifications, to an application mentioned in subsection (2) that is made—

(a) by a planning authority, or

(b) by or on behalf of the Crown.

(2) The applications referred to in subsection (1) are applications for—

(a) listed building consent,

(b) the variation or removal of conditions of listed building consent, or

(c) approval of details of works under a condition of listed building consent.

(3) The regulations may, in particular, provide for an application to be made to the Welsh Ministers.

106 Applications relating to urgent works on Crown land

(1) The appropriate Crown authority may make an application for listed building consent to the Welsh Ministers (instead of to a planning authority) if—

(a) the listed building to which the application relates is on Crown land, and

(b) the appropriate Crown authority certifies—

(i) that the works for which consent is sought are of national importance, and

(ii) that it is necessary that the works are carried out as a matter of urgency.

(2) Before making the application, the appropriate Crown authority must publish in one or more newspapers circulating in the locality of the listed building a notice—

(a) describing the proposed works, and

(b) stating that it proposes to make the application to the Welsh Ministers under this section.

(3) Where the appropriate Crown authority makes an application under this section—

(a) it must give the Welsh Ministers a statement of its grounds for making the application;

(b) the Welsh Ministers may require it to give them any further information they consider necessary to enable them to determine the application.

(4) As soon as practicable after receiving a document or other material by virtue of subsection (3), the Welsh Ministers must make a copy of the document or other material available for inspection by the public in the locality of the proposed works.

(5) The Welsh Ministers must, in accordance with any requirements imposed by regulations, publish notice of the application and of the fact that documents and other material are available for inspection.

(6) The Welsh Ministers must consult the following persons about the application—

(a) the planning authority in whose area the listed building is situated, and

(b) any other person that may be specified in regulations.

(7) Chapter 2 of Part 5 makes provision about the procedure for the consideration of applications made to the Welsh Ministers under this section.

(8) Subsection (4) does not apply to the extent that a document or other material is subject to a direction under section 178 (restriction of access to evidence on national security grounds).

(9) The decision of the Welsh Ministers on an application is final.

(10) In this section references to regulations are to regulations made by the Welsh Ministers.