Agenda item

Listed Building Consent Delegation

Minutes:

The Corporate Director – Communities presented a report, the purpose of which, was to advise Members of Bridgend County Borough Council’s successful application for Listed Building Consent Delegation and to approve necessary changes to the Constitution and Officer Scheme of Delegation to proceed with the determination of applications for listed building consent for Grade II buildings without the need for referral to Welsh Ministers.

 

She explained that at a meeting of the Development Control Committee on 9 January 2023, at the request of Cadw, Members of the Development Control Committee were advised that notification had been received from Cadw that it was minded to grant Listed Building Consent Delegation subject to acceptance of a number of requirements. The requirements are set out in full in the report to Development Control Committee, that was attached at Appendix A to the report.

 

The Corporate Director – Communities added that on 17 January 2023, Bridgend County Borough Council received confirmation from Cadw of its intention to award delegation from 1st February 2023 in the form of a signed Direction. This was attached at Appendix B to the report.

 

The Council has the authority to determine applications for Listed Building Consent, but subject to the requirement to notify Welsh Ministers in line with Section 13 of the Act.

 

The Constitution would however, now require a change to the delegation, to add that the Committee can determine applications for Listed Building Consent for Grade II buildings without the need for referral to Welsh Ministers, if it has on any application for Listed Building Consent received and adhered to the advice of the Senior Conservation and Design Officer Moira Lucas.

 

Similarly, the Corporate Director – Communities stated, that the existing Scheme of Officer Delegation also includes powers for Officers, where appropriate, to determine applications for Listed Building Consent subject to the requirement to notify Welsh Ministers in line with Section 13 of the Act.

 

The Council’s Scheme of Delegation will require a change to add that these Officers can determine applications for Listed Building Consent for Grade II buildings without the need for referral to Welsh Ministers, if it has on any application for Listed Building Consent received and adhered to the advice of the Senior Conservation and Design Officer Moira Lucas.

 

The suggested amendment to the wording of the provision of that part of the Constitution affected by the change, was detailed in paragraph 4.5 of the report.

 

The Corporate Director – Communities added that, the Scheme of Delegation contained presently a delegated power for officers to determine      applications for listed building consent except applications falling within any of the categories of excepted applications from time to time prescribed by the Council (paragraph 6.1(b)). Officers are also given (paragraph 6(1)(c)) delegated powers to determine planning applications in accordance with the scheme approved for the time being by the Council. The suggested amendment is to add the words “and listed building consent applications” into paragraph 6(1)(c) in the Scheme of Delegation was therefore recommended.

 

Following consideration of the report, Members

 

RESOLVED:                                 That Council approved the proposed changes outlined in paragraph 4.2 - 4.6 of this report to the Constitution and proposed change to the delegation and the Officer Scheme of Delegations, to add that the Committee and Specified Officers can approve applications for Listed Building Consent without the need for referral to Welsh Ministers if it has on any application for Listed Building Consent received and adhered to the advice of the Senior Conservation and Design Officer Moira Lucas.

 

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