Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

262A [F2 Control of demolition in conservation areas. S

(1) This section applies to all buildings in conservation areas other than—

(a) listed buildings, and

(b) excepted buildings within the meaning of section 56(2) of this Act, and

(c) buildings in relation to which a direction under subsection (4) below is for the time being in force.

(2) A building to which this section applies shall not be demolished without the consent of the appropriate authority.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) The Secretary of State may direct that this section shall not apply to a description of buildings specified in the direction. . . F4 .

(5) A direction under subsection (4) above relating to a description of buildings may be given either to an individual planning authority or to planning authorities generally.

(6) The Secretary of State may vary or revoke a direction under subsection (4) above by a further direction under that subsection.

(7) The appropriate authority for the purposes of this section is—

(a) in relation to applications for consent made by planning authorities, the Secretary of State; and

(b) in relation to other applications, the planning authority or the Secretary of State.

(8) The following provisions of this Act, namely—

• [F5 sections 53 to 54D and 56AA]

• [F5 sections 92 to 96]

• section 161,

• section 179,

• [F6 sections 231 and 233, section 242]

• section 253(1)(b) [F6 , (4) and (5), section 257],

• Parts I and II of Schedule 10,

• Schedule 17 [F6 Part IV of Schedule 19],

shall have effect in relation to buildings to which this section applies as they have effect in relation to listed buildings; but regulations may provide that they shall have effect in relation to buildings to which this section applies subject to such exceptions and modifications as may be prescribed.

(9) Any such regulations may make different provision—

(a) in relation to applications made by planning authorities, and

(b) in relation to other applications.

(10) Any proceedings on or arising out of an application for listed building consent made while this section applies to a building shall lapse when it ceases to apply to it, and any listed building consent granted with respect to the building shall also lapse; but the fact that this section has ceased to apply to a building 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 building while this section applied to it.]

Textual Amendments

F2 Ss. 262 262A 262B substituted for s. 262 by Town and Country Amenity Act 1974 (c. 32), s. 2(1)

F3 Ss. 262(2)(3), 262A(3), 262B(3) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F4 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F5 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 50, Sch. 9 Pt. II, para. 21

F6 Words inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 50, Sch. 9 Pt. II, para. 21