Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

54 Provisions supplementary to s. 53. S

(1) Section 53 of this Act shall not apply to works for the demolition, alteration or extension of—

(a) an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works; or

[F1 (b) a building for the time being included in the Schedule of monuments compiled and maintained under section 1 of the M1 Ancient Monuments and Archaeological Areas Act 1979].

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3) In considering whether to grant planning Permission for development which [F3 affects a listed building or its setting], and in considering whether to grant listed building consent for any works, the. . . F4 planning authority or the Secretary of State, as the case may be, shall have special regard to the desirability of preserving the building [F5 or its setting] or any features of special architectural or historic interest which it possesses.

[F6 (4) Listed building consent may be granted subject to conditions; and, without prejudice to the generality of the foregoing provisions of this subsection, the conditions may] include conditions with respect to—

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

(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.

[F7 (4A) Listed building consent may 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.]

[F8 (5) 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) an agreement for the regulation of the development of the site of the listed building has been made and recorded under section 50 of this Act;

(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.]

(6) Part I of Schedule 10 to this Act shall have effect with respect to applications to. . . F4 planning authorities for listed building consent, the reference of such applications to the Secretary of State and appeals against decisions on such applications; and Part II of that Schedule shall have effect with respect to the revocation of listed building consent by a. . . F4 planning authority or the Secretary of State.

Textual Amendments

F1 S. 54(1)(b) substituted for S. 54(1)(b)(c) by Ancient Monuments and Archaeological Areas Act 1979 (c. 46), Sch. 4 para. 12

F2 S. 54(2) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I

F3 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 2 para. 15(a)(i)

F4 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F5 Words inserted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 2 para. 15 (a)(ii)

F6 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 2 para. 15(b)

F7 S. 54(4A) inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 50, Sch. 9 Pt. II para. 16(1)

F8 S. 54(5) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 2 para. 15(c)

Marginal Citations

M1 1979 c. 46.