The Planning (Listed Buildings and Conservation Areas) (Wales) (Amendment) Regulations 2021

Chief Planner, Planning Directorate

Our ref: MA-JJ-2175-21

Heads of Planning,
Local Planning Authorities in Wales

19 July 2021

Dear Colleagues,

Changes to the determination of listed building consent applications for the alteration or extension of listed buildings

I am writing to inform you the Planning (Listed Buildings and Conservation Areas) (Wales) (Amendment) Regulations 2021 has laid before the Senedd, and subject to the will of the Senedd, is due to come into force on 16 August 2021.

These Regulations amend Regulation 9 of the Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 by removing the requirement for Local Planning Authorities (“LPAs”) to submit their own applications for Listed Building Consent (“LBC”) which relate to the alteration or extension of a listed building within their own area, to the Welsh Ministers to determine. Such applications by LPAs must now be made to the LPA, and not be determined by:

1. a committee or sub-committee of the LPA which is wholly or partly responsible for the management of any building to which the LBC application relates, or
2. by an officer of the LPA if their responsibilities include any aspect of the management of any building to which the LBC application relates.

Please note LBC applications by LPAs which relate to the demolition (as defined by case law) of a listed building, as well as Conservation Area Consent applications by LPAs will still be required to be submitted to, and determined by, the Welsh Ministers.

In circumstances where LBC is minded to be granted, there will remain the requirement for LPAs to notify the Welsh Ministers, via Cadw, of their intention to do so, in accordance with Section 13 of the Planning (Listed Buildings and Conservation Areas) Act 1990, subject to any directions issued by the Welsh Ministers or delegated authority which would dis-apply this requirement.

The Planning (Listed Buildings and Conservation Areas) (Wales) (Amendment) Regulations 2021 will not apply to any application for LBC received by the Welsh Ministers before the regulations come into force on 16 August 2021.

Yours faithfully,

Neil Hemington

Chief Planner, Planning Directorate

We welcome receiving correspondence in Welsh. Any correspondence received in Welsh will be answered in Welsh and corresponding in Welsh will not lead to a delay in responding.

Cathays Park
Cardiff
CF10 3NQ
prifswyddogcynllunio@gov.wales
website: www.gov.wales