Welsh historic environment legislation
Earlier this week, the Historic Environment (Wales) Act 2023 comes into force, replacing a number of existing Acts which relate to the designated and non-designated heritage of Wales.
The Welsh Government in the Senedd has had control over legislation for planning, including the historic environment, since 2006, and the plan is to consolidate and streamline existing legislation.
As such, four pieces of exiting legislation will no longer apply in Wales. These four are:
- Historic Buildings and Ancient Monuments Act 1953, as it applies in Wales
- Ancient Monuments and Archaeological Areas Act 1979, as it applies in Wales,
- Planning (Listed Buildings and Conservation Areas) Act 1990, as it applies in Wales
- Historic Environment (Wales) Act 2016
This consolidation exercise is accompanied by a number of minor changes regarding nomenclature; scheduled monuments will now be known as monuments of special historic interest; Building Preservation Notices become ‘temporary listing notices’; and ecclesiastical buildings become ‘religious buildings’. Greater clarity will be provided in legislation regarding curtilage listing.
The existing Planning Policy Wales, ed. 12 (2024) will remain relevant but may be revised in future as a result of the legislative changes. Equally, the associated Technical Advice Note 24: The Historic Environment remains relevant guidance.
The present plan is to undertake a similar exercise in relation to the wider planning environment, with the proposed Planning (Wales) Act to follow in 2026.
With our Bristol office and experience of cross-sector work in Wales, tor&co is ideally placed to assist clients with projects under the new Welsh heritage legislation.