OpenLegislation

Paragraph 16

Scotland

(1)

In section 54 of the Town and Country Planning (Scotland Act 1972 (supplementary provisions with respect to listed building consent), after subsection (4) insert—

“(4A)

Listed building consent may be granted subject to a condition reserving specified details of the works (whether or not set out in the application) for subsequent approval by the planning authority or, in the case of consent granted by the Secretary of State, specifying whether the reserved details are to be approved by the planning authority or by him.”.

(2)

In paragraph 7(1) of the said Schedule 10 to the 1972 Act (listed building consent : appeal against decision), for the words from the beginning to “and the consent is refused” substitute—

“Where an application is made to the planning authority—

(a)

for listed building consent, or

(b)

for approval of the authority required by a condition imposed on the granting of listed building consent with respect to details of the works,

and the consent or approval is refused ”.

(3)

Renumber paragraph 8 of that Schedule (appeal in default of decision) as sub-paragraph (1) of that paragraph and after it insert—

“(2)

Sub-paragraph (1) of this paragraph applies to an application to the planning authority for approval by the authority required by a condition imposed on the granting of listed building consent with respect to details of the works as it applies to an application for listed building consent, with the following modifications—

(a)

for references to the prescribed period substitute references to the period of two months from the date of the receipt of the application, and

(b)

omit paragraph (b) and the word “or” preceding it.”.

Notes on Part II

Textual amendments

F1

Sch. 9 paras. 13-24 (Pt. II) repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2) Sch. 1 Pt. I (with s. 5, Sch. 3)