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

• (b) a notice of renewal,

• (c) a notice of determination,

• (d) a notice of discharge.

Short title, commencement and extent.

Notes

5A

• (1) Historic Environment Scotland may, on the application of any person, issue a certificate stating that it does not intend to include a building in a list compiled or approved under section 1.

• (2) Where Historic Environment Scotland issues a certificate under subsection (1) in respect of a building—

• (a) it may not for a period of 5 years from the date of issue exercise in relation to the building any of the powers conferred on it by section 1, and

• (b) a planning authority may not for that period—

• (i) serve a building preservation notice in relation to the building, or

• (ii) affix such a notice under section 4(1).

• (3) A person submitting an application to Historic Environment Scotland under subsection (1) must, at the same time as submitting it, give notice of the application to the planning authority within whose district the building is situated.

Appeal against listed building enforcement notice.

Regulations and orders.

1A

• (1) Historic Environment Scotland must—

• (a) publish any list compiled or approved under section 1, and any amendments of such a list, and

• (b) make such lists available for public inspection,

in such manner as may be prescribed.

• (2) Historic Environment Scotland must also—

• (a) notify such persons as may be prescribed, and

• (b) do so in such form and manner, and within such time, as may be prescribed,

of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list.

• (3) The Scottish Ministers may by regulations make further provision for—

• (a) the publication of such lists,

• (b) the making of such lists available for public inspection,

• (c) the notification of the inclusion of a building in, the amendment of an entry relating to a building in or the exclusion of a building from such a list.

• (4) Regulations under subsection (3) may in particular provide for planning authorities in whose districts any buildings included in such lists are situated to take any of the steps mentioned in that subsection.

5B

• (1) This section applies where Historic Environment Scotland makes a decision—

• (a) to include a building in the list compiled or approved under section 1,

• (b) to amend an entry in the list relating to a building (but not where the amendment excludes a building from the list).

• (2) A person mentioned in subsection (3) may appeal the decision to the Scottish Ministers.

• (3) The person is—

• (a) the owner of the building,

• (b) the tenant of the building,

• (c) the occupier of the building.

5C

• (1) The Scottish Ministers may—

• (a) dismiss an appeal under section 5B,

• (b) allow such an appeal (in whole or in part).

• (2) Where the Scottish Ministers allow an appeal, they may vary a part of the decision appealed against whether or not the appeal relates to that part of the decision.

• (3) Where the Scottish Ministers allow an appeal, they may direct Historic Environment Scotland to exercise its power under section 1 to amend the list compiled or approved under that section to give effect to their decision.

• (4) Except as provided for by sections 57 and 58, the decision of the Scottish Ministers on an appeal under section 5B is final.

5D

• (1) Regulations may make provision in connection with appeals under section 5B, including provision about—

• (a) the grounds on which an appeal may be made,

• (b) the information that is to be provided to, or may be required by, the Scottish Ministers in connection with the appeal.

• (2) Regulations under subsection (1) may also make provision about the procedure to be followed, including—

• (a) the form, manner and time for making an appeal,

• (b) the notification of an appeal,

• (c) the manner in which an appeal is to be conducted.

• (3) Regulations made by virtue of subsection (2)(c) may also include provision that the manner in which an appeal, or any stage of an appeal, is to be conducted (as for example whether written submissions are to be presented or persons are to be heard) is to be at the discretion of the Scottish Ministers (or of a person appointed by them under this Act).

• (4) Schedule 3 (which makes provision about the determination of certain appeals by a person appointed by the Scottish Ministers) applies to an appeal under section 5B.