Historic Environment (Wales) Act 2023 (asc3)

Prospective

PART 3 E+W BUILDINGS OF SPECIAL ARCHITECTURAL OR HISTORIC INTEREST

CHAPTER 3 E+W LISTED BUILDING PARTNERSHIP AGREEMENTS

113 Listed building partnership agreements E+W

(1) A planning authority may make an agreement under this section with any owner of a listed building, or part of a listed building, situated in its area.

(2) Any of the following persons may also be a party to the agreement (in addition to the owner and the authority)—

(a) the Welsh Ministers;

(b) any occupier of the building;

(c) any other person who has an interest in the building;

(d) any person involved in the management of the building;

(e) any other person the planning authority considers appropriate as having special knowledge of, or special interest in, the building or in buildings of architectural or historic interest more generally.

(3) The Welsh Ministers may make an agreement under this section with any owner of a listed building or part of a listed building.

(4) Any of the following persons may also be a party to the agreement (in addition to the owner and the Welsh Ministers)—

(a) any planning authority in whose area the building or part is situated;

(b) any occupier of the building;

(c) any other person who has an interest in the building;

(d) any person involved in the management of the building;

(e) any other person the Welsh Ministers consider appropriate as having special knowledge of, or special interest in, the building or in buildings of architectural or historic interest more generally.

(5) An agreement under this section is referred to in this Act as a “listed building partnership agreement”.

(6) A listed building partnership agreement may grant listed building consent under section 89(1) for specified works for the alteration or extension of the listed building to which the agreement relates.

(7) Where a listed building partnership agreement grants listed building consent subject to conditions, the agreement must specify those conditions.

(8) A listed building partnership agreement may also—

(a) specify works that would or would not, in the view of the parties, affect the character of the listed building as a building of special architectural or historic interest;

(b) make provision about the maintenance and preservation of the building;

(c) make provision about the carrying out of specified works, or the doing of any specified thing, in relation to the building;

(d) provide for public access to the building and the provision of associated facilities, information or services to the public;

(e) restrict access to, or use of, the building;

(f) prohibit the doing of any specified thing in relation to the building;

(g) provide for a planning authority or the Welsh Ministers to make payments of specified amounts and on specified terms—

(i) for or towards the costs of any works provided for under the agreement, or

(ii) in consideration of any restriction, prohibition or obligation accepted by any other party to the agreement.

(9) A listed building partnership agreement may relate to more than one listed building or part of a listed building, but only if the parties to the agreement include in relation to each building or part—

(a) an owner of that building or part, and

(b) the planning authority in whose area that building or part is situated or the Welsh Ministers.

(10) In this section—

• “owner” (“perchennog”), in relation to a listed building or part of a listed building, means—

  (a)

  an owner of the freehold estate in the building or part, or

  (b)

  a tenant under a lease of the building or part granted or extended for a fixed term that has at least 7 years left to run;

• “specified” (“penodedig”) means specified or described in a listed building partnership agreement.

Commencement Information

I1 S. 113 not in force at Royal Assent, see s. 212(2)