Synopsis
Six regulations support the application of the Historic Environment (Wales) Act 2023 from 4 November 2024. This legislation will consolidate duties concerning the historic environment in Wales. The regimes combined concern scheduled monuments, listed buildings and conservation areas.
Summary
The Historic Environment (Wales) Act 2023 is due to come into force on 4 November 2024. This legislation will consolidate duties concerning the historic environment in Wales. The regimes combined concern scheduled monuments, listed buildings and conservation areas.
The following six regulations will support the consolidated historic environment regime
This legislation will apply in Wales only.
What will change?
These regulations make supporting amendments to maintain requirements under other legislation, including the Town and Country Planning Act 1990, Planning (Listed Buildings and Conservation Areas) Act 1990, Historic Environment (Wales) Act 2016 and Ancient Monuments and Archaeological Areas Act 1979, to ensure the Historic Environment (Wales) Act 2023 operates as intended.
The Applications for Scheduled Monument Consent (Wales) Regulations 2024
Rules are applied on applications for scheduled monument consent. These applications will need to be in the required form. Applications must include the information stated, including details of the land concerned, the works planned and details of relevant persons.
Amendments are also made to support the introduction of the Wales-only regime. The Ancient Monuments (Applications for Scheduled Monument Consent) (Wales) Regulations 2017 will be revoked on 4 November 2024.
The Scheduled Monuments (Partnership Agreements) (Wales) Regulations 2024
These regulations continue the ‘partnership agreement’ system. This allows owners of scheduled monuments, or land adjoining or in the vicinity of these monuments, to enter into heritage partnership agreements with the Welsh Ministers.
Partnership agreements may grant scheduled monument consent for the removal or repair of a scheduled monument or any part of it. The agreements may also allow alterations or additions to monuments.
Consultation and publicity requirements must be followed before agreements may be entered into or where existing agreements are to be varied.
The prior Scheduled Monuments (Heritage Partnership Agreements) (Wales) Regulations 2021 will be revoked on 4 November 2024.
The Listed Buildings (Partnership Agreements) (Wales) Regulations 2024
Owners of listed buildings may enter into partnership agreements with the local planning authority, the Welsh Ministers or both parties. Further persons may be part of these agreements, including persons with special knowledge or interest in the building.
Partnership agreements may grant listed building consent for alteration or extensions, subject to conditions.
As with scheduled monument partnership agreements, consultation and publicity requirements apply to new or varied agreements. Draft agreements or varied agreements must be published publicly by the methods stated.
The prior Listed Buildings (Heritage Partnership Agreements) (Wales) Regulations 2021 will be revoked on 4 November 2024.
The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024
These regulations set out the application procedure for listed building consent in Wales. This includes notices required.
Demolition is authorised without prior consent in a limited number of circumstances within conservation areas.
The Planning (Listed Buildings and Conservation Areas) (Wales) Regulations 2012 will be revoked on 4 November 2024. The Planning (Listed Buildings and Conservation Areas) Regulations 1990 will also be revoked on this date with respect to Wales only.
The Listed Buildings (Exempt Religious Buildings) (Wales) Regulations 2024
These regulations maintain a range of exemptions for religious buildings from the listed building consent regime.
The prior Ecclesiastical Exemption (Listed Buildings and Conservation Areas) (Wales) Order 2018 will be revoked on 4 November 2024.
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