Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
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.[27 th February 1997]Be 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:—Part IListed BuildingsChapter IListing of Special Buildings1 Listing of buildings of special architectural or historic interest(1) For the purposes of this Act and with a view to the guidance of planning authorities in the performance of their functions under this Act in relation to buildings of special architectural or historic interest, the Secretary of State shall compile lists of such buildings or approve, with or without modifications, such lists compiled by other persons or bodies of persons, and may amend any list so compiled or approved.(2) In considering whether to include a building in a list compiled or approved under this section, the Secretary of State may take into account not only the building itself but also—(a) any respect in which its exterior contributes to the architectural or historic interest of any group of buildings of which it forms part, and(b) the desirability of preserving, on the ground of its architectural or historic interest, any feature of the building consisting of a man-made object or structure fixed to the building or forming part of the land and comprised within the curtilage of the building.(3) Before compiling or approving, with or without modifications, any list under this section or amending any such list the Secretary of State shall consult such persons or bodies of persons as appear to him appropriate as having special knowledge of, or interest in, buildings of architectural or historic interest.(4) In this Act “listed building” means a building which is for the time being included in a list compiled or approved by the Secretary of State under this section; and, for the purposes of this Act, the following shall be treated as part of the building—(a) any object or structure fixed to the building, and(b) any object or structure within the curtilage of the building which, though not fixed to the building, forms part of the land and has done so since before 1 st July 1948.(5) Schedule 1 (which makes provision as to the treatment as listed buildings of certain buildings formerly subject to building preservation orders) shall have effect.2 Publication of lists(1) As soon as possible after any list has been compiled or approved under section 1 , or any amendments of such a list have been made, a copy of so much of the list as relates to the district of any planning authority or the area of the local authority for the purposes of the [1987 c. 26.] Housing (Scotland) Act 1987 , or of so much of the amendments as so relates, certified by or on behalf of the Secretary of State to be a true copy, shall be deposited with the clerk of that authority.(2) As soon as possible after the inclusion of any building in a list under section 1 , whether on the compilation or approval of the list or by amendment, or as soon as possible after any such list has been amended by the exclusion of any building from it—(a) the Secretary of State shall inform the planning authority in whose district the building is situated of the inclusion or exclusion, and(b) the planning authority shall serve a notice in the prescribed form on every owner, lessee and occupier of the building, stating that the building has been included in, or excluded from, the list.(3) The Secretary of State shall keep available for public inspection, free of charge, at reasonable hours and at a convenient place, copies of all lists and amendments of lists compiled, approved or made by him under section 1.(4) Every authority with whose clerk copies of any list or amendments are deposited under this section shall similarly keep available copies of so much of any such list or amendment as relates to buildings within their district or area.3 Temporary listing: building preservation notices(1) If it appears to a planning authority that a building in their district which is not a listed building—(a) is of special architectural or historic interest, and(b) is in danger of demolition or of alteration in such a way as to affect its character as a building of such interest,they may serve on the owner, lessee and occupier of the building a notice (in this Act referred to as a “building preservation notice”).(2) A building preservation notice shall—(a) state that the building appears to the planning authority to be of special architectural or historic interest and that they have requested the Secretary of State to consider including it in a list compiled or approved under section 1 , and(b) explain the effect of subsections (3) to (5) and S...See the full content of this document
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