Commentary on Sections Part 3 — Buildings of special architectural or historic interest Chapter 2 — Control of works affecting listed buildings Section 96 — Grant or refusal of consent
335.Section 96(1) provides that a planning authority or the Welsh Ministers may grant or refuse listed building consent.
336.In reaching a decision on an application, subsection (2) requires that a planning authority or the Welsh Ministers must have special regard to the desirability of preserving the listed building, any features of special architectural or historic interest and the building’s setting. Preserving a building or other historic asset does not mean that it has to be maintained unchanged, but that its significance is sustained for the future. The application and interpretation of “preserve” — with the meaning “to keep safe from harm” — has been the subject of case law (South Lakeland District Council v Secretary of State for the Environment and another [1992] 1 ALL ER 573).
337.In determining an application, the supporting planning advice and guidance (for example TAN 24 and Managing Change to Listed Buildings in Wales (2017)) explains that the aim should be to find the best way to protect and enhance the special qualities of a listed building and retain it in use.
338.The planning advice and guidance (for example TAN 24, paragraph 1.25) clarifies that the setting of a listed building “includes the surroundings in which it is understood, experienced, and appreciated embracing present and past relationships to the surrounding landscape”. Cadw has published non-statutory, best-practice guidance, Setting of Historic Assets in Wales (2017), which is kept under review.
339.Subsection (3) provides that, subject to its terms, a listed building consent will have effect for the benefit of the building and the land on which it is situated, and of all persons for the time being interested in the building and land. This means that, should the ownership or occupancy of a listed building change during the course of consented works, the effect of the listed building consent will be unaltered and any consented works may continue uninterrupted.