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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
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- UK Public General Acts
- 1997 c. 9
- SCHEDULE 1
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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, SCHEDULE 1 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 1(5).
SCHEDULE 1S Buildings formerly subject to building preservation orders
1SSubject to paragraph 2, every building which immediately before 3rd August 1970 was subject to a building preservation order under section 27 of the M1Town and Country Planning (Scotland) Act 1947 but was not then included in a list compiled or approved under section 28 of that Act shall be deemed to be a listed building.
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2(1)The Secretary of State may at any time direct, in the case of any building, that paragraph 1 shall no longer apply to it.S
(2)The planning authority in whose district the building in respect of which such a direction is given is situated, on being notified of the direction, shall give notice of it to the owner, lessee and occupier of the building.
(3)Before giving such a direction in relation to a building, the Secretary of State shall consult the planning authority and the owner, lessee and occupier of the building.
3SIn the case of a building to which paragraph 1 applies—
(a)a notice of appeal under section 18 may include a claim that the Secretary of State should give a direction under paragraph 2 with respect to the building and on such an appeal the Secretary of State may give such a direction; and
(b)such a direction may also be given on an appeal under section 35.
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