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

34 Power to issue listed building enforcement notice. S

(1) Where it appears to the planning authority—

(a) that any works have been, or are being, executed to a listed building in their district, and

(b) that the works are such as to involve a contravention of section 8(1) or (2),

they may, if they consider it expedient to do so having regard to the effect of the works on the character of the building as one of special architectural or historic interest, serve a notice under this section (in this Act referred to as a “listed building enforcement notice”).

[F1 (1A) A listed building enforcement notice shall specify the alleged contravention and shall (either or both)—

(a) specify any works falling within subsection (1) which the authority requires to cease,

(b) require steps falling within subsection (2) and specified in the notice to be taken.]

(2) [F2 Those steps are] —

(a) for restoring the building to its former state,

(b) if the authority consider that such restoration would not be reasonably practicable or would be undesirable, for executing such further works specified in the notice as they consider are required to alleviate in a manner acceptable to them the effect of the works which were carried out without listed building consent, or

(c) for bringing the building to the state it would have been in if the terms and conditions of any listed building consent for the works had been complied with.

(3) In considering whether such restoration is undesirable under subsection (2)(b), the authority shall have regard to the desirability of preserving—

(a) the character of the building, or

(b) its features of architectural or historical interest.

(4) Where such further works as are mentioned in subsection (2)(b) have been carried out on a building, listed building consent shall be deemed to have been granted in respect of the works carried out on that building.

(5) A listed building enforcement notice—

(a) shall specify the date upon which it is to take effect and, subject to section 35(3), shall take effect on that date, and

(b) shall specify the period (the “period for compliance”) within which [F3 —

(i) any works required to cease must cease,

(ii) any steps required to be taken must be taken,

and may specify different periods for different works or steps.]

and, where different periods apply to different steps, references in this Act to the period for compliance with a listed building enforcement notice, in relation to any step, are to the period within which the step is required to be taken.

[F4 (5A) Where different periods apply to different works or steps, references in this Act to the period for compliance with a listed building enforcement notice, in relation to any works or step, are to the period within which the works are required to cease or the step is required to be taken.

(5B) The date specified in the notice under subsection (5)(a) must be at least 28 days after the date on which the notice is served.]

(6) A copy of a listed building enforcement notice shall be served—

(a) on the owner, on the lessee and on the occupier of the building to which it relates, and

(b) on any other person having an interest in the building, being an interest which in the opinion of the authority is materially affected by the notice.

(7) The planning authority may—

(a) withdraw a listed building enforcement notice (without prejudice to their power to issue another), or

(b) waive or relax any requirement of such a notice and, in particular, extend the period specified in accordance with subsection (5),

and the powers conferred by this subsection may be exercised whether or not the notice has taken effect.

(8) The planning authority shall, immediately after exercising the powers conferred by subsection (7), give notice of the exercise to every person who has been served with a copy of the listed building enforcement notice or would, if the notice were reissued, be served with a copy of it.

(9) Every planning authority shall keep available for public inspection free of charge at reasonable hours and at a convenient place a list containing particulars of any building in their district in respect of which a listed building enforcement notice has been served.

Textual Amendments

F1 S. 34(1A) inserted (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 22(2)(a), 33(2); S.S.I. 2011/372, art. 2, sch.

F2 Words in s. 34(2) substituted (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 22(2)(b), 33(2); S.S.I. 2011/372, art. 2, sch.

F3 Words in s. 34(5) substituted (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 22(2)(c), 33(2); S.S.I. 2011/372, art. 2, sch.

F4 S. 34(5A)(5B) inserted (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 22(2)(d), 33(2); S.S.I. 2011/372, art. 2, sch.

Modifications etc. (not altering text)

C1 Ss. 28-41I applied (with modifications) (1.10.2015) by The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (S.S.I. 2015/243), regs. 1, 15, sch. 3 (with reg. 2)