The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987

Regulations 3 and 4

SCHEDULE 1

PART I NOTIFICATION TO BE SENT TO APPLICANT ON REFUSAL OF LISTED BUILDING CONSENT OR CONSERVATION AREA CONSENT OR GRANT OF SUCH CONSENT SUBJECT TO CONDITIONS

1.  If the applicant is aggrieved by the decision of the planning authority to refuse listed building consent or conservation area consent for the proposed works, or to grant such consent subject to conditions, he may, by notice served within 6 months of the receipt of this notice, appeal to the Secretary of State for Scotland (on a form obtainable from him on application to the Secretary, Scottish Development Department, New St Andrew’s House, St James Centre, Edinburgh EH1 3SZ) in accordance with paragraph 7 of Schedule 10 to the Town and Country Planning (Scotland) Act 1972, as also applied to buildings in conservation areas by section 262A(8) of that Act (as substituted by section 2(1) of the Town and Country Amenities Act 1974 and amended by (1) Schedule 2, paragraph 38(a) of the Local Government and Planning (Scotland) Act 1982, and (2) Schedule 9, paragraph 21 of the Housing and Planning Act 1986). The Secretary of State has power to allow a longer period for the giving of a notice of appeal, but he will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal.

2.  If listed building consent or conservation area consent is refused, or granted subject to conditions, whether by the planning authority or by the Secretary of State, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any works which have been or would be permitted, he may serve on the planning authority in whose district the land is situated a listed building purchase notice requiring that authority to purchase his interest in the land in accordance with the provisions of section 179 of the Town and Country Planning (Scotland) Act 1972, as also applied to buildings in conservation areas by section 262A(8) of that Act.

3.  In certain circumstances a claim may be made against the planning authority for compensation where permission is refused or granted subject to conditions by the Secretary of State on appeal or on a reference of an application to him. The circumstances in which such compensation is payable are set out in section 160 of the Town and Country Planning (Scotland) Act 1972.

PART II NOTIFICATION TO BE SENT TO APPLICANT ON REFUSAL TO VARY OR DISCHARGE CONDITIONS ATTACHED TO A LISTED BUILDING CONSENT OR A CONSERVATION AREA CONSENT OR ON THE ADDITION OF NEW CONDITIONS CONSEQUENTIAL UPON VARIATION OR DISCHARGE

If the applicant is aggrieved by the decision of the planning authority to refuse to vary or discharge the conditions attached to a listed building consent or conservation area consent or to add new conditions consequential upon any such variation or discharge, he may by notice served within 6 months of the receipt of this notice appeal to the Secretary of State for Scotland (on a form obtainable from him on application to the Secretary, Scottish Development Department, New St Andrew’s House, St James Centre, Edinburgh EH1 3SZ) in accordance with paragraph 7 of Schedule 10 to the Town and Country Planning (Scotland) Act 1972, as also applied to buildings in conservation areas by section 262A(8) of that Act (as substituted by section 2(1) of the Town and Country Amenities Act 1974, and amended by (1) Schedule 2, paragraph 38(a) of the Local Government and Planning (Scotland) Act 1982, and

(2) Schedule 9, paragraph 21 of the Housing and Planning Act 1986). The Secretary of State has power to allow a longer period for the giving of a notice of appeal, but he will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal.

Regulation 6

SCHEDULE 2

PART I TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1972

PART II TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1972

PART III TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1972

Regulation 12

SCHEDULE 3 Notice that a building has become listed

Regulation 13

SCHEDULE 4 APPLICATION OF ENACTMENTS TO BUILDINGS IN CONSERVATION AREAS

Column (1)	Column (2)
Provisions of the Act relating to listed building control	Exceptions and modifications
Section 53	1.  In subsection (1) omit the words “or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest”. 2.  In subsection (2)– (i) omit the words “or for its alteration or extension”; (ii) omit paragraph (b). 3.  In subsection 2A omit the words “alteration or extension”. 4.  Omit subsection (3). 5.  For subsection (3A) substitute the following subsection– “3A.   Consent under subsection (2) or (2A) of this section is referred to in this part of this Act as “conservation area consent”.”
Section 54(3) and (4)	1.  In subsection (3)– (i) omit the words from the beginning to “its setting, and”; (ii) for the words “the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses”, substitute the words “the desirability of preserving the character or appearance of the conservation area”. 2.  In subsection (4) the words “in respect of any building” shall be inserted before the words “subject to conditions”.
Section 54C	In subsection (1) omit paragraph (b).
Section 56AA	In subsection (1) for the words “sections 54(1) and 56(2)” substitute “section 54(1)”.
Section 92	1.  In subsection (1) for the words “the character of the building as one of special architectural or historic interest”, substitute the words “the character or appearance of the conservation area in which the building is situated”. 2.  In subsection (1A), in paragraph (b) in place of sub-paragraphs (i) and (ii) substitute the following– “the character or appearance of the conservation area in which the building is situated”.
Section 93	1.  In subsection (1)– (i) substitute the following paragraph for paragraph (a)– “(a) that retention of the building is not necessary in the interests of preserving the character or appearance of the conservation area in which it is situated;”; (ii) omit paragraph (h); (iii) in paragraph (k) for the words “listed building control” substitute “conservation area control”. 2.  In subsection (5) omit paragraph (c).
Section 257	Omit the words “alteration or extension”.
Schedule 10, Part I	In part I omit paragraphs 6 and 7(2) and (3)(b).
Schedule 19, Part IV	The exceptions and modifications referred to in regulation 13 and specified in the above column shall have effect in relation to the appropriate provisions in Part IV of Schedule 19.