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

15 Power to impose conditions on grant of listed building consent. S

(1) Without prejudice to the generality of section 14(1), the conditions subject to which listed building consent may be granted may include conditions with respect to—

(a) the preservation of particular features of the building, either as part of it or after severance from it;

(b) the making good, after the works are completed, of any damage caused to the building by the works;

(c) the reconstruction of the building or any part of it following the execution of any works, with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions.

(2) Listed building consent may also be granted subject to a condition reserving specified details of the works (whether or not set out in the application) for subsequent approval by the planning authority or, in the case of consent granted by the Secretary of State, specifying whether the reserved details are to be approved by the planning authority or by him.

(3) In granting a listed building consent a planning authority may attach to the consent a condition that no demolition of the listed building shall take place until either or both of the following requirements have been met—

(a) [F1 a planning obligation under section 75 of the principal Act] for the regulation of the development of the site of the listed building in accordance with a current planning permission has been [F2 entered into and the relevant instrument by which that obligation is entered into has been recorded in the Register of Sasines or, as the case may be, registered in the Land Register of Scotland under that section] ;

(b) the planning authority are satisfied that contracts have been placed either—

(i) for the redevelopment of the site, or

(ii) for its conversion to an acceptable open space,

in accordance with a current planning permission.

Textual Amendments

F1 Words in s. 15(3)(a) substituted (3.8.2009) by The Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 3(2)(a)

F2 Words in s. 15(3)(a) substituted (3.8.2009) by The Planning etc. (Scotland) Act 2006 (Consequential Amendments) Order 2009 (S.S.I. 2009/256), arts. 1(3), 3(2)(b)

Modifications etc. (not altering text)

C1 Ss. 6-25 applied (with modifications) (1.10.2015) by The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (S.S.I. 2015/243), regs. 1, 15, sch. 3 (with reg. 2)