C1 Part I Ancient Monuments
Protection of scheduled monuments
4BF1Appeal in relation to scheduled monument consent
1
This section applies where Historic Environment Scotland makes a decision—
a
refusing an application for scheduled monument consent,
b
granting such an application subject to conditions,
c
refusing an application for variation or discharge of conditions to which a scheduled monument consent is subject,
d
granting such an application subject to conditions,
e
refusing an application for subsequent approval required by a condition to which a scheduled monument consent is subject.
2
A person who made the application mentioned in subsection (1) may appeal the decision to the Scottish Ministers.
3
A person may also appeal to the Scottish Ministers where Historic Environment Scotland has not given notice of its decision on an application mentioned in subsection (1)(a), (c) or (e) within the prescribed period or such other longer period as may be agreed between the applicant and Historic Environment Scotland.
4
An appeal under this section may include the ground that—
a
the monument should not be included in the Schedule,
b
the entry in the Schedule relating to the monument should be amended.
Pt. I (ss. 1-32) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para.10(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7)