Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Part III S Provisions Applicable on Lapse of Building Preservation Notice

12 The provisions of this Part of this Schedule apply where a building preservation notice ceases to be in force by virtue of section 56(3) of this Act, otherwise than by reason of the building to which it relates being included in a list compiled or approved under section 52 of this Act.

13 The fact that the building preservation notice has ceased to be in force shall not affect the liability of any person to be prosecuted and punished for an offence under section 53 or 94 of this Act committed by him with respect to the said building while the notice was in force.

14 Any proceedings on or arising out of an application for listed building consent made while the building preservation notice was in force shall lapse and any listed building consent granted with respect to the building, while the notice was in force, shall also lapse.

15 Any listed building enforcement notice served by the. . . F1 planning authority while the building preservation notice was in force shall cease to have effect and any proceedings thereon under sections 92 and 93 of this Act shall lapse, but section 95(1) and (2) of this Act shall continue to have effect as respects any expenses incurred by the [F2 planning authority] owner, lessee or occupier as therein mentioned and with respect to any sums paid on account of such expenses.

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F2 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 23 para. 33