Written scheduled monument consent must be obtained from Cadw prior to any works to demolish, destroy, damage, remove, repair, alter, add to, flood or cover up a scheduled monument. The permitted works must be executed in accordance with the consent and any conditions that may be attached to it.
A formal written application for scheduled monument consent is generally required. In such cases, Cadw will issue a provisional decision and then may hold a public local inquiry or afford an opportunity to the applicant and other persons to appear before or make written representations to an appointed person. Any verbal or written representations must be considered before the final scheduled monument consent is granted.
However, the Historic Environment (Wales) Act 2016 introduced a simplified application procedure for minor works agreed by Cadw and the applicant for the benefit of the monument. Although this dispenses with the formal application and the provisional decision, it still provides written scheduled monument consent.
Unless some other term is specified, scheduled monument consent will lapse after five years if the permitted works have not been started. Cadw may modify or revoke a scheduled monument consent, although, in certain circumstances, this may give rise to claims for compensation.
Certain works identified in the Ancient Monuments (Class Consents) Order 1994 are deemed to enjoy scheduled monument consent. Amongst these are agricultural, horticultural and forestry works that have been lawfully undertaken at a monument within the preceding six years (with certain conditions and exceptions); specified works carried out by certain major organisations; works urgently necessary for health and safety; archaeological evaluations and works grant-aided by Cadw.
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