Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

93 Appeal against listed building enforcement notice. S

(1) a person on whom a listed building enforcement notice is served, or any other person having an interest in the building to which it relates, may, at any time [F1 before the date specified in the notice as the date on] which it is to take effect, appeal to the Secretary of State against the notice on any of the following grounds—

(a) that the building is not of special architectural or historic interest;

[F2 (b) that the matters alleged to constitute a contravention of section 53(1) or (4) of this Act have not occurred;

(ba) that those matters (if they occurred) do not constitute such a contravention;]

[F3 (c) that works to the building were urgently necessary in the interests of safety or health or for the preservation of the building, that it was not practicable to secure safety or health or, as the case may be, the preservation of the building by works of repair or works for affording temporary support or shelter, and that the works carried out were limited to the minimum measures immediately necessary;]

(d) that listed building consent ought to be granted for the works, or that any relevent condition of such consent which has been granted ought to be discharged, or different conditions substituted;

(e) that the notice was not served as required by section 92(3) of this Act

(f) that the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out;

(g) that the period specified in the notice as the period within which any steps required thereby are to be taken falls short of what should reasonably be allowed;

(h) that the steps required by the notice to be taken would not serve the purpose of restoring the character of the building to its former state.

[F4 (i) that the steps specified under sub-paragraph (ii) of section 92(1)(b) of this Act exceed what is necessary to bring the building to the state mentioned in that sub-paragraph;

(j) that the steps specified under sub-paragraph (iii) of the said section 92(1)(b) exceed what may reasonably be required in terms of that sub-paragraph;

F5 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (2) An appeal under this section shall be made either—

(a) by giving written notice of the appeal to the Secretary of State before the date specified in the listed building enforcement notice as the date on which it is to take effect; or

(b) by sending such notice to him in a properly addressed and pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date.]

[F7 F8 (2A) The provisions of subsections (2A) to (2D) of section 85 of this Act (which relates to appeals against enforcement notices) shall apply to appeals under this section as they apply to appeals under that section.]

(3) Where an appeal is brought under this section the notice shall be of no effect pending the final determination or withdrawal of the appeal.

(4) On an appeal under this section,—

[F9 (a) the Secretary of State may—

(i) correct any defect, error or misdescription in the listed building enforcement notice; or

(ii) vary the terms of the listed building enforcement notice,

if he is satisfied that the correction or variation will not cause injustice to the appellant or the local planning authority.]

(b) in a case where it would otherwise be a ground for determining the appeal in favour of the appellant that a person required by section 92(3) of this Act to be served with the notice was not served, the Secretary of State may disregard that fact if he is satisfied that the person has not been substantially prejudiced by the failure to serve him.

(5) On the determination of an appeal under this section the Secretary of State shall give directions for giving effect to his determination, including, where appropriate, directions for quashing the listed building enforcement notice F10 . . ., and the Secretary of State may—

(a) grant listed building consent for the works to which the notice relates or, as the case may be, discharge any condition subject to which such consent was granted and substitute any other condition, whether more or less onerous;

(b) . . . F11

(c) if he thinks fit, exercise his power under section 52 of this Act to amend any list compiled or approved thereunder by removing from it the building to which the appeal relates or his power under subsection (8) of that section to direct that that subsection shall no longer apply to the building.

[F7 (6) Any listed building consent granted by the Secretary of State under subsection (5) above shall be treated as granted on an application for such consent made under Part I of Schedule 10 to this Act.]

(7) The validity of a listed building enforcement notice shall not, except by way of an appeal under this section, be questioned in any proceedings whatsoever on any of the grounds specified in paragraphs (b) or (e) of subsection (1) of this section.

(8) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.]

Textual Amendments

F1 Words substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 2 para. 27(a)(i)

F2 S. 93(1)(b)(ba) substituted for s. 93(1)(b) (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10, para. 6(2)(a) (with s. 84(5)); S.I. 1992/334, art. 4

F3 S. 93(1)(c) substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 50, Sch. 9 Pt. II, para. 15(2)

F4 S. 93(1)(i)-(k) added by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 2 para. 27(a)(ii)

F5 S. 93(1)(k) repealed (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 57, 84(6), Sch. 10, para. 6(2)(b), Sch. 19, Pt. IV (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 1

F6 S. 93(2) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10, para. 6(3) (with s. 84(5)); S.I. 1992/334, art. 4

F7 S. 93(6) substituted by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 2 para. 27(c)

F8 S. 93(2)(2A) substituted for s. 93(2) by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 2 para. 27(b)

F9 S. 93(4)(a) substituted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 57, Sch. 10, para. 6(4) (with s. 84(5)); S.I. 1992/334, art.4

F10 Words in s. 93(5) repealed (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 57, 84(6), Sch. 10, para. 6(5), Sch. 19, Pt.IV (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 1

F11 S. 93(5)(b) repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), Sch. 4 Pt. I