Notification to Welsh Ministers
Where a local planning authority proposes to grant listed building consent, it must first notify the Welsh Ministers (through Cadw).This allows the Welsh Ministers to decide whether they want to call in the application for their own determination, or allow the local planning authority to determine the application itself. If the planning authority decides to refuse listed building consent, it can do so without notifying the Welsh Ministers.
The Welsh Ministers are keen for listed building consent decisions to be taken at a local level. They are able to direct that the notification process — section 13 of the Planning (Listed Buildings and Conservation Areas) Act 1990 — need not apply to certain categories of application for listed building consent. They have directed, therefore, that local planning authorities need not notify the Welsh Ministers if they propose to grant consent for works that only affect the interior of a grade II (unstarred) listed building.
The Welsh Ministers can also direct that, subject to a local planning authority obtaining written agreement from Cadw, Section 13 shall not apply to any application for works to grade II (unstarred) buildings, unless it involves demolition. The local planning authority must, however, obtain the advice of a named specialist building conservation officer on all such applications.
The following local planning authorities have been authorised to grant consent for works to grade II (unstarred) listed buildings without notifying the Welsh Ministers:
- Brecon Beacons National Park Authority
- Carmarthenshire County Council
- Monmouthshire County Council — also grade II*
- Pembrokeshire Coast National Park Authority
- Pembrokeshire County Council
- Torfaen County Borough Council — administered by Monmouthshire County Council
- Vale of Glamorgan Council
- Wrexham County Borough Council
For further information, see Technical Advice Note 24: The Historic Environment 5.18–5.21.