The 2016 Act introduced a new requirement for formal consultation with the owner/occupier, the local authority and other persons with a special interest if the Welsh Ministers propose to:
- schedule a monument,
- deschedule a monument, or
- add to or reduce a scheduled area.
From the beginning of a consultation on a proposal to schedule a monument or add to a scheduled area, the monument in question will be subject to interim protection as if already scheduled. It will therefore be an offence to damage it or undertake works without scheduled monument consent. Interim protection will last until the Welsh Ministers reach a decision on the designation. A list of monuments under interim protection is available on the Cadw website.
The owner or occupier of a newly designated or extended scheduled monument may request a review of the Welsh Ministers’ decision, but only on the grounds that the decision was unjustified. The Planning Inspectorate has been appointed to undertake all reviews on behalf of the Welsh Ministers and it will determine the most appropriate method or combination of methods for the conduct of the review.