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

1997 c. 9 · Enacted 27 February 1997 · Extends to Scotland

Not fully up to date. 3 changes made by later legislation have not yet been written into this text, which is revised to 1 October 2022.

See the changes not yet applied
ProvisionChangeMade by
s. 58applied by 1997 c. 8 s. 241C(4) (as inserted)Planning etc. (Scotland) Act 2006 s. 29
s. 81(1)words insertedPlanning etc. (Scotland) Act 2006 s. 55(4)
s. 82(1)(aa)-(ad)insertedPlanning etc. (Scotland) Act 2006 s. 55(5)

An Act to consolidate certain enactments relating to special controls in respect of buildings and areas of special architectural or historic interest with amendments to give effect to recommendations of the Scottish Law Commission.

[27th February 1997]

C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C2C3

Annotations to the whole text

Modifications

C1

Act modified (27.5.1997) by 1997 c. 8, ss. 24(4), 278(2), Sch. 1 para. 3

Act: power to modify conferred (27.5.1997) by 1997 c. 8, ss. 2(2), 278(2) (with s. 20)

Act restricted (27.5.1997) by 1997 c. 8, ss. 41(6), 278(2), Sch. 3 Pt. I para. 1(6)(a) (with ss. 64, 219)

Act amended (27.5.1997) by 1997 c. 8, ss. 277(9), 278(2)

Act amended (27.5.1997) by 1997 c. 11, ss. 5, 6(2), Sch. 3 para. 8

Act applied (27.5.1997) by 1997 c. 11, ss. 1(2), 6(2)

Act extended (with modifications) (6.5.1999) by S.I. 1999/677, art. 2

C2

Act applied (27.4.2006) by Edinburgh Tram (Line Two) Act 2006 (asp 6), s. 73(1) (with s. 75)

C3

Act applied (12.6.2006) by The Planning and Compulsory Purchase Act 2004 (Transitional Provisions) (Scotland) Order 2006 (S.S.I. 2006/269), art. 4(7)

Contents

  1. Part I: Listed Buildings
  2. Chapter I: Listing of Special Buildings
  3. 1Listing of buildings of special architectural or historic interest.
  4. 1APublication of lists and notification of listing etc.
  5. 2Publication of lists. Repealed
  6. 3Temporary listing: building preservation notices.
  7. 4Temporary listing in urgent cases.
  8. 5Provisions applicable on lapse of building preservation notice.
  9. 5ACertificate that building not intended to be listed
  10. 5BAppeal against listing of buildings
  11. 5CDetermination of appeals under section 5B
  12. 5DProcedure for appeals under section 5B
  13. Chapter II: Authorisation of Works Affecting Listed Buildings
  14. Control of works in respect of listed buildings
  15. 6Restriction on works affecting listed buildings.
  16. 7Authorisation of works: listed building consent.
  17. 8Offences.
  18. Applications for listed building consent
  19. 9Making of applications for listed building consent.
  20. 10Certificates as to interests in listed building etc.
  21. 10ADeclining to determine an application
  22. 11Reference of certain applications to Secretary of State.
  23. 12Duty to notify Secretary of State of applications.
  24. 13Directions concerning notification of applications etc.
  25. 14Decision on application.
  26. Grant of consent subject to conditions
  27. 15Power to impose conditions on grant of listed building consent.
  28. 16Limit of duration of listed building consent.
  29. 17Application for variation or discharge of conditions.
  30. Appeals
  31. 18Right to appeal against decision or failure to take decision.
  32. 19Appeals: supplementary provisions.
  33. 20Determination of appeals.
  34. Revocation and modification of consent
  35. 21Revocation and modification of listed building consent by planning authority.
  36. 22Procedure for section 21 orders: opposed cases.
  37. 23Procedure for section 21 orders: unopposed cases.
  38. 24Revocation and modification of listed building consent by Secretary of State.
  39. Chapter III: Rights of Owners etc.
  40. Compensation
  41. 25Compensation where listed building consent revoked or modified.
  42. 26Compensation for loss or damage caused by service of building preservation notice.
  43. 27General provisions as to compensation for depreciation under this Part.
  44. Listed building purchase notices
  45. 28Purchase notice on refusal or conditional grant of listed building consent.
  46. 28APurchase notices: Crown land
  47. 29Action by planning authority on whom listed building purchase notice served.
  48. 30Procedure on reference of listed building purchase notice to Secretary of State.
  49. 31Action by Secretary of State in relation to listed building purchase notice.
  50. 32Effect of Secretary of State’s action in relation to listed building purchase notice.
  51. 33Reduction of compensation on acquisition where section 25 compensation payable.
  52. Chapter IV: Enforcement
  53. 34Power to issue listed building enforcement notice.
  54. 35Appeal against listed building enforcement notice.
  55. 36Appeals: supplementary provisions.
  56. 37Determination of appeals under section 35.
  57. 38Execution of works required by listed building enforcement notice.
  58. 39Offence where listed building enforcement notice not complied with.
  59. 39AFixed penalty notice where listed building enforcement notice not complied with
  60. 40Effect of listed building consent on listed building enforcement notice.
  61. 41Enforcement by Secretary of State.
  62. Stop notices
  63. 41AStop notices
  64. 41BStop notices: supplementary provisions
  65. 41CPower of the Scottish Ministers to serve stop notice
  66. 41DCompensation for loss due to stop notice
  67. 41EPenalties for contravention of stop notice
  68. Temporary stop notices
  69. 41FTemporary stop notices
  70. 41GTemporary stop notices: restrictions
  71. 41HTemporary stop notices: offences
  72. 41ITemporary stop notices: compensation
  73. Chapter V: Prevention of Deterioration and Damage
  74. Compulsory acquisition of listed building in need of repair
  75. 42Compulsory acquisition of listed building in need of repair.
  76. 43Repairs notice as preliminary to acquisition under section 42.
  77. 44Compensation on compulsory acquisition of listed building.
  78. 45Minimum compensation in case of listed building deliberately left derelict.
  79. 46Ending of rights over land compulsorily acquired.
  80. Acquisition by agreement
  81. 47Acquisition of land by agreement.
  82. Management of acquired buildings
  83. 48Management of listed buildings acquired under this Act.
  84. Urgent preservation
  85. 49Urgent works to preserve unoccupied listed buildings.
  86. 50Recovery of expenses of works under section 49.
  87. Liability of owner and successors for expenses of works executed under section 49
  88. 50ALiability of owner and successors for expenses of works executed under section 49
  89. 50BNotice of liability for expenses: further provision
  90. 50CNotices of renewal
  91. 50DNotice of determination following representations under section 50
  92. 50EDischarge of notice of liability for expenses and notice of renewal
  93. 50FMeaning of “register” in relation to notices
  94. 50GPower to prescribe forms
  95. Grants for repair and maintenance
  96. 51Power of local authority to contribute to preservation of listed buildings etc.
  97. 52Recovery of grants under section 51.
  98. Damage to listed buildings
  99. 53Acts causing or likely to result in damage to listed buildings.
  100. Chapter VI: Miscellaneous and Supplemental
  101. Exceptions for church buildings and ancient monuments
  102. 54Exceptions for ecclesiastical buildings.
  103. 55Exceptions for ancient monuments etc.
  104. Local authority notices and works affecting listed buildings
  105. 56Intimation of local authority notices etc. affecting listed buildings.
  106. Validity of instruments, decisions and proceedings
  107. 57Validity of certain orders and decisions.
  108. 58Proceedings for questioning validity of other orders, decisions and directions.
  109. Special considerations affecting planning functions
  110. 59General duty as respects listed buildings in exercise of planning functions.
  111. 60Publicity for applications affecting setting of listed buildings.
  112. Part II: Conservation Areas
  113. Designation
  114. 61Designation of conservation areas.
  115. 62Designation of conservation areas: supplementary provisions.
  116. General duties of planning authorities
  117. 63Proposals for preservation and enhancement of conservation areas.
  118. 64General duty as respects conservation areas in exercise of planning functions.
  119. 65Publicity for applications affecting conservation areas.
  120. Control of demolition
  121. 66Control of demolition in conservation areas.
  122. 67Cases in which section 66 does not apply.
  123. 68Urgent works to preserve unoccupied buildings in conservation areas.
  124. Grants
  125. 69Grants and loans for preservation or enhancement of conservation areas.
  126. 70Recovery of grants under section 69.
  127. Town schemes
  128. 71Town scheme agreements.
  129. 72Grants for repairing of buildings in town schemes.
  130. Part III: General
  131. Special cases
  132. 73Application of Act to land and works of planning authorities.
  133. 73AApplication to the Crown
  134. 73BUrgent works relating to Crown land: application
  135. 73CExpressions relating to the Crown
  136. 73DEnforcement in relation to the Crown
  137. 73EReference to an interest in land
  138. 73FApplications for listed building or conservation area consent by Crown
  139. 74Exercise of powers in relation to Crown land. Repealed
  140. 75Application for listed building or conservation area consent in anticipation of disposal of Crown land. Repealed
  141. Miscellaneous provisions
  142. 76Rights of entry.
  143. 77Power to issue warrant.
  144. 78Rights of entry: supplementary provisions.
  145. 78ARights of entry: Crown land
  146. 79Application of certain general provisions of principal Act.
  147. 80Financial provisions.
  148. Part IV: Supplemental
  149. 81Interpretation.
  150. 82Regulations and orders.
  151. 83Short title, commencement and extent.
  152. Schedule 1: Buildings formerly subject to building preservation orders
  153. 1Paragraph 1
  154. 2Paragraph 2
  155. 3Paragraph 3 Repealed
  156. Schedule 2: Lapse of building preservation notice
  157. 1Paragraph 1
  158. 2Paragraph 2
  159. 3Paragraph 3
  160. 4Paragraph 4
  161. Schedule 3: Determination of certain appeals by person appointed by Secretary of State
  162. Determination of appeals by appointed person
  163. 1Paragraph 1
  164. Powers and duties of appointed person
  165. 2Paragraph 2
  166. Determination of appeals by Secretary of State
  167. 3Paragraph 3
  168. 4Paragraph 4
  169. Appointment of another person to determine appeal
  170. 5Paragraph 5
  171. Local inquiries and hearings
  172. 6Paragraph 6
  173. Supplementary provisions
  174. 7Paragraph 7
  175. Schedule TABLE OF DERIVATIONS