Section 40 Effect of listed building consent on listed building enforcement notice.C1

Scotland

(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 F1such work is or such works are required by the notice to cease, or 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.

Annotations

Textual amendments

F1: Words in s. 40(1) inserted (1.12.2011) by Historic Environment (Amendment) (Scotland) Act 2011 (asp 3), ss. 22(5), 33(2); S.S.I. 2011/372, art. 2, sch.

Modifications

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)