Legalize / United Kingdom / Public General Act

Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

Type Public General Act

Publication 1997-02-27

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part I — Listed Buildings

Chapter I — Listing of Special Buildings

Listing of buildings of special architectural or historic interest

1

(1) For the purposes of this Act and with a view to the guidance of planning authorities in the performance of their functions under this Act in relation to buildings of special architectural or historic interest, Historic Environment Scotland shall compile lists of such buildings or approve, with or without modifications, such lists compiled by other persons or bodies of persons, and may amend any list so compiled or approved.

(2) In considering whether to include a building in a list compiled or approved under this section, Historic Environment Scotland may take into account not only the building itself but also—

(a) any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part, and

(b) the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building.

(3) Before compiling or approving, with or without modifications, any list under this section or amending any such list Historic Environment Scotland shall consult such persons or bodies of persons as appear to it appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.

(4) In this Act “listed building” means a building which is for the time being included in a list compiled or approved by Historic Environment Scotland under this section; and, for the purposes of this Act, the following shall , subject to subsection (4A), be treated as part of the building—

(a) any object or structure fixed to the building, and

(b) any object or structure within the curtilage of the building which, though not fixed to the building, forms part of the land and has done so since before 1st July 1948.

(4A) In a list compiled or approved under this section, an entry for a building may provide—

(a) that an object or structure mentioned in subsection (4)(a) or (b) is not to be treated as part of the building for the purposes of this Act,

(b) that any part or feature of the building is not of special architectural or historic interest.

(5) Schedule 1 (which makes provision as to the treatment as listed buildings of certain buildings formerly subject to building preservation orders) shall have effect.

Publication of lists

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary listing: building preservation notices

3

(1) If it appears to a planning authority that a building in their district which is not a listed building—

(a) is of special architectural or historic interest, and

(b) is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest,

they may serve on the owner, lessee and occupier of the building a notice (in this Act referred to as a “building preservation notice”).

(2) A building preservation notice shall—

(a) state that the building appears to the planning authority to be of special architectural or historic interest and that they have requested Historic Environment Scotland to consider including it in a list compiled or approved under section 1, and

(b) explain the effect of subsections (3) to (5) and Schedule 2.

(3) A building preservation notice—

(a) shall come into force as soon as it has been served on the owner, lessee and occupier of the building to which it relates, and

(b) subject to subsection (4), shall remain in force for 6 months from the date when it is served or, as the case may be, last served.

(4) A building preservation notice shall cease to be in force if Historic Environment Scotland —

(a) includes the building in a list compiled or approved under section 1, or

(b) notifies the planning authority in writing that it does not intend to do so.

(5) While a building preservation notice is in force with respect to a building, the provisions of this Act (other than section 53) and the principal Act shall have effect in relation to the building as if it were a listed building.

(6) If, following the service of a building preservation notice, Historic Environment Scotland notifies the planning authority that it does not propose to include the building in a list compiled or approved under section 1, the authority—

(a) shall immediately give notice of Historic Environment Scotland's decision to the owner, lessee and occupier of the building, and

(b) shall not, within the period of 12 months beginning with the date of Historic Environment Scotland's notification, serve another building preservation notice in respect of the building.

Temporary listing in urgent cases

4

(1) If it appears to the planning authority to be urgent that a building preservation notice should come into force, they may, instead of serving the notice on the owner, lessee and occupier of the building to which it relates, affix the notice conspicuously to some object on the building.

(2) The affixing of a notice under subsection (1) shall be treated for all the purposes of section 3, this section, sections 9 to 24 and Schedule 2 as service of the notice.

(3) A notice which is so affixed must explain that by virtue of being so affixed it is treated as being served for those purposes.

Provisions applicable on lapse of building preservation notice

5

Schedule 2 (which makes provision as respects the lapse of building reservation notices) shall have effect.

Chapter II — Authorisation of Works Affecting Listed Buildings

Control of works in respect of listed buildings

Restriction on works affecting listed buildings

6

Subject to the following provisions of this Act, no person shall execute or cause to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, unless the works are authorised.

Authorisation of works: listed building consent

7

(1) Works for the alteration or extension of a listed building are authorised if—

(a) the planning authority or the Secretary of State has granted written consent for the execution of the works, and

(b) the works are executed in accordance with the terms of the consent and of any conditions attached to it.

(2) Works for the demolition of a listed building are authorised if—

(a) such consent has been granted for their execution,

(b) notice of the proposal to execute the works has been given to Historic Environment Scotland ,

(i) for a period of at least 3 months following the grant of listed building consent, and before the commencement of the works, reasonable access to the building has been made available to Historic Environment Scotland for the purpose of recording it, or

(ii) Historic Environment Scotland has stated in writing that it has completed its recording of that building or that it does not wish to record it, and

(d) the works are executed in accordance with the terms of the consent and of any conditions attached to it.

(3) Where—

(a) works for the alteration, extension or demolition of a listed building have been executed without such consent, and

(b) written consent is granted by the planning authority or the Secretary of State for the retention of the works,

the works are authorised from the grant of that consent.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Secretary of State may by order provide that subsection (2) shall have effect with the substitution for the reference to Historic Environment Scotland of a reference to such other body as may be so specified.

(6) Such an order shall apply in the case of works executed or to be executed on or after such date as may be specified in the order.

(7) Consent under subsection (1), (2) or (3) is referred to in this Act as “listed building consent”.

Offences

8

(1) If a person contravenes section 6 he shall be guilty of an offence.

(2) Without prejudice to subsection (1), if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with any condition attached to the consent, he shall be guilty of an offence.

(3) In proceedings for an offence under this section it shall be a defence to prove the following matters—

(a) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building,

(b) that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter,

(d) that notice in writing justifying in detail the carrying out of the works was given to the planning authority as soon as reasonably practicable.

(4) A person guilty of an offence under this section shall be liable—

(a) on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding £50,000 , or both, or

(b) on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine, or both.

(5) In determining the amount of any fine to be imposed on a person convicted of an offence under this section, the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

Applications for listed building consent

Making of applications for listed building consent

9

(1) Except as provided in sections 11 to 14 or section 73B, an application for listed building consent shall be made to and dealt with by the planning authority.

(2) Such an application shall be made in such form as the planning authority may require and shall contain—

(a) sufficient particulars to identify the building to which it relates, including a plan,

(b) such other plans and drawings as are necessary to describe the works which are the subject of the application, and

(3) Provision may be made by regulations with respect to—

(a) the manner in which applications for listed building consent are to be made,

the form and manner in which such applications must be made,

(aa) particulars of such matters as are to be included in such applications,

(ab) any documents or other materials which are to accompany such applications,

(ac) the planning authority giving notice of such applications made to them—

(i) to such persons or categories of person as may be prescribed,

(ii) in such manner as may be prescribed,

(iii) for such period as may be prescribed, and

(iv) on such number of occasions as may be prescribed,

(ad) the applicant providing such person or persons as may be prescribed such information with respect to the application as may be prescribed,

(b) the manner in which such applications are to be advertised, ...

(c) the time within which they are to be dealt with by planning authorities or, as the case may be, by the Secretary of State., and

(d) the procedure to be followed by planning authorities or, as the case may be, the Scottish Ministers in considering and determining such applications.

(4) The regulations must require that an application for listed building consent of such description as is prescribed must be accompanied by a statement about how issues relating to access for the disabled to the building have been dealt with.

(5) The form and content of such a statement are to be such as is prescribed.

(6) The regulations must also require planning authorities, before granting or refusing applications for listed building consent in such cases or classes of case as may be prescribed, to consult—

(a) Historic Environment Scotland,

(b) such other persons as may be—

(i) prescribed, or

(ii) specified in directions given to planning authorities by the Scottish Ministers.

(7) Directions given by virtue of subsection (6)(b)(ii) for the purposes of regulations under this section may be given to—

(a) planning authorities generally,

(b) a particular planning authority, or

Certificates as to interests in listed building etc

10

(1) Regulations may provide that an application for listed building consent shall not be entertained unless it is accompanied by a certificate in the prescribed form as to the interests in the building to which the application relates.

(2) Any such regulations may—

(a) include requirements corresponding to those mentioned in sections 35 and 38(2) of the principal Act,

(b) make provision as to who, in the case of any building, is to be treated as the owner for the purposes of any provision of the regulations, and

(3) If any person—

(a) issues a certificate which purports to comply with the requirements of regulations made by virtue of this section and which contains a statement which he knows to be false or misleading in a material particular, or

(b) recklessly issues a certificate which purports to comply with those requirements and which contains a statement which is false or misleading in a material particular,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Reference of certain applications to Secretary of State

11

(1) The Secretary of State may give directions requiring applications for listed building consent to be referred to him instead of being dealt with by the planning authority.

(2) A direction under this section may relate either to a particular application or to applications in respect of such buildings as may be specified in the direction.

(3) An application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The decision of the Secretary of State on any application referred to him under this section shall be final.

Duty to notify Secretary of State of applications

12

(1) If a planning authority to whom application is made for listed building consent intend to grant such consent they shall , where subsection (1A) applies, first notify the Secretary of State of the application giving particulars of the works for which the consent is required.

(1A) This subsection applies where—

(a) regulations, or

(b) directions given to planning authorities by the Scottish Ministers,

provide that the application must be so notified.

(1B) Directions under subsection (1A)(b) may be given to—

(a) planning authorities generally,

(b) a particular planning authority, or

(2) The Secretary of State may within the period of 28 days beginning with the date of the notification—

(a) direct the reference of the application to him under section 11, or

(b) give notice to the authority that he requires further time in which to consider whether to require such a reference.

(3) The planning authority shall not grant listed building consent until—

(a) the period mentioned in subsection (2) has expired without the Secretary of State directing the reference of the application to him or giving them notice under paragraph (b) of that subsection, or

(b) the Secretary of State has notified them that he does not intend to require the reference of the application.

Directions concerning notification of applications etc

13

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Without prejudice to sections 9 to 12, the Secretary of State may give directions to planning authorities requiring them, in such cases or classes of case as may be specified in the directions, to notify to him and to such other persons as may be so specified—

(a) any applications made to them for listed building consent, and

(b) the decisions taken by the authorities on those applications.

(4) Directions under subsection ... (3) may be given to—

(a) planning authorities generally;

(b) a particular planning authority; or

Decision on application

14

(1) Subject to the previous provisions of this Part, the planning authority or, as the case may be, the Secretary of State may grant or refuse an application for listed building consent and, if granting consent, may grant it subject to conditions.

(2) In considering whether to grant listed building consent for any works, the planning authority or the Secretary of State, as the case may be, shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

(2A) A planning authority, if minded to grant listed building consent for any works—

(a) must consider imposing a condition specified in, or of a nature indicated in, directions given to them by the Scottish Ministers, and

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.