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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
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- UK Public General Acts
- 1997 c. 9
- Part I
- Chapter IV
- Section 40
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Changes over time for: Section 40
Version Superseded: 01/12/2011
Alternative versions:
- 27/05/1997- Amendment
- 01/04/2001
Point in time - 01/12/2011- Amendment
- 01/10/2015- Amendment
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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Section 40 is up to date with all changes known to be in force on or before 07 November 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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40 Effect of listed building consent on listed building enforcement notice.S
(1)If, after the issue of a listed building enforcement notice, consent is granted under section 7(3)—
(a)for the retention of any work to which the listed building enforcement notice relates, or
(b)permitting the retention of works without complying with some condition subject to which a previous listed building consent was granted,
the listed building enforcement notice shall cease to have effect in so far as it requires steps to be taken involving the works not being retained or, as the case may be, for complying with that condition.
(2)The fact that such a notice has wholly or partly ceased to have effect under subsection (1) shall not affect the liability of any person for an offence in respect of a previous failure to comply with that notice.
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