Regulation 18A Appeals under section 5B of the Listed Buildings ActF1

(1)

An appeal to the Scottish Ministers under section 5B of the Listed Buildings Act is to be made by giving notice in writing in accordance with this regulation.

(2)

The notice of appeal must be served on the Scottish Ministers within the period of three months beginning with the date of the notice given under section 1A(2) of the Listed Buildings Act of the inclusion of a building in the list compiled or approved under section 1 of the Listed Buildings Act or the amendment of an entry in that list, as the case may be.

(3)

The notice of appeal (on a form obtained from the Scottish Ministers) must include—

(a)

the name and address of the appellant;

(b)

the name and address of the representative of the appellant (if any) and whether any notice or other correspondence which is required by these Regulations to be sent to the appellant should be sent to the representative instead of the appellant;

(c)

a statement setting out full particulars of the appeal including a note of the matters which the appellant considers require to be taken into account in determining the appeal and by what, if any, procedure (or combination of procedures) mentioned in regulation 9(4) the appellant considers the appeal should be conducted; and

(d)

a copy of the notice given under section 1A(2) of the Listed Buildings Act.

(4)

The notice of appeal may include as the ground or one of the grounds of appeal a claim that the building is not of special architectural or historic interest and ought to be removed from the list compiled or approved under section 1 of the Listed Buildings Act.

(5)

Subject to paragraph (6)—

(a)

all matters which the appellant intends to raise in the appeal must be set out in the notice of appeal or in the documents which accompany the notice of appeal; and

(b)

all documents, materials and evidence which the appellant intends to rely on in the appeal must accompany the notice of appeal.

(6)

In addition to matters set out in the notice of appeal and documents which accompany the notice of appeal, the appellant may raise matters and submit further documents, materials or evidence only in accordance with and to the extent permitted by regulations 11, 18B and 18C, the Hearing Session Rules and the Inquiry Session Rules.

(7)

In relation to an appeal made under section 5B of the Listed Buildings Act this Part applies and Parts 1, 3 and 9 (other than regulation 29), the Hearing Session Rules and the Inquiry Session Rules apply with the modification that references to the planning authority are to be treated as if they are references to Historic Environment Scotland.

Annotations

Textual amendments

F1: Pt. 5A inserted (1.10.2015) by The Town and Country Planning (Appeals) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/233), regs. 1, 2(4)