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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

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This is the original version (as it was originally enacted).

29Action by planning authority on whom listed building purchase notice served

(1)The planning authority on whom a listed building purchase notice is served under section 28 shall serve on the owner or lessee by whom the notice was served a notice stating—

(a)that the authority are willing to comply with the purchase notice,

(b)that another planning authority or statutory undertakers specified in the notice under this subsection have agreed to comply with it in their place, or

(c)that for reasons specified in the notice under this subsection the authority are not willing to comply with the purchase notice and have not found any other planning authority or statutory undertakers who will agree to comply with it in their place, and that they have sent to the Secretary of State a copy of the purchase notice and of the notice under this subsection.

(2)A notice under subsection (1) must be served before the end of the period of 3 months beginning with the date of service of the listed building purchase notice.

(3)Where the planning authority on whom a listed building purchase notice is served by an owner or lessee have served on him a notice in accordance with subsection (1)(a) or (b) the authority, or the other planning authority or statutory undertakers specified in the notice, as the case may be, shall be deemed—

(a)to be authorised to acquire the interest of the owner or lessee compulsorily in accordance with the provisions of section 42, and

(b)to have served a notice to treat in respect of it on the date of service of the notice under that subsection.

(4)Where the planning authority propose to serve such a notice as is mentioned in subsection (1)(c), they shall first send to the Secretary of State a copy of—

(a)the proposed notice, and

(b)the listed building purchase notice which was served on them.

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