Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

56 Building preservation notice in respect of building not listed. S

(1) If it appears to the. . . F1 planning authority, in the case of a building in their district which is not a listed building, that it is of special architectural or historic interest and is in danger of demolition or of alteration in such a way as to affect its character as such, they may (subject to subsection (2) of this section) serve on the owner, lessee and occupier of the building a notice (in this section referred to as a “building preservation notice”)—

(a) stating that the building appears to them to be of special architectural or historic interest and that they have requested the Secretary of State to consider including it in a list compiled or approved under section 52 of this Act; and

(b) explaining the effect of subsections (3) and (4) of this section.

(2) a building preservation notice shall not be served in respect of an excepted building, that is to say—

(a) an ecclesiastical building which is for the time being used for ecclesiastical purposes; or

[F2 (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.

(3) a building preservation notice shall come into force as soon as it has been served on the owner, lessee and occupier of the building to which it relates and shall remain in force for six months from the date when it is served or, as the case may be, last served; but it shall cease to be in force if, before the expiration of that period, the Secretary of State either includes the building in a list compiled or approved under section 52 of this Act or notifies the. . . F1 planning authority in writing that he does not intend to do so.

(4) While a building preservation notice is in force with respect to a building, the provisions of this Act (other than section 55) shall have effect in relation to it as if the building were a listed building; and if the notice ceases to be in force (otherwise than by reason of the building being included in a list compiled or approved under the said section 52), the provisions of Part III of Schedule 10 to this Act shall have effect with respect to things done or occurring under the notice or with reference to the building being treated as listed.

(5) If, following the service of a building preservation notice, the Secretary of State notifies the. . . F1 planning authority that he does not propose to include the building in a list compiled or approved under section 52 of this Act, the authority—

(a) shall forthwith give notice of the Secretary of State’s decision to the owner, lessee and occupier of the building; and

(b) shall not, within the period of twelve months beginning with the date of the Secretary of State’s notification, serve another such notice in respect of the said building.

(6) If it appears to the. . . F1 planning authority to be urgent that a building preservation notice should come into force, they may, instead of serving the notice on the owner, lessee and occupier of the building to which it relates, affix the notice conspicuously to some object on the building; and this shall be treated for all the purposes of this section and of Schedule 10 to this Act as service of the said notice, in relation to which subsection (1)(b) of this section shall be taken to include a reference to this subsection.

Textual Amendments

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

F2 S. 56(2)(b) substituted for S. 56(2)(b)(c) by Ancient Monuments and Archaeological Areas Act 1979 (c. 46), Sch. 4 para. 12

Marginal Citations

M1 1979 c. 46