Historic Environment Scotland Act 2014

Listed buildings

22 Meaning of “listed building”

(1) The 1997 Act is amended as follows.

(2) In section 1 (listing of buildings of special architectural or historic interest)—

(a) in subsection (4) after “shall” insert “, subject to subsection (4A),”,

(b) after that subsection insert—

“(4A) In a list compiled or approved under this section, an entry for a building may provide—

(a) that an object or structure mentioned in subsection (4)(a) or (b) is not to be treated as part of the building for the purposes of this Act,

(b) that any part or feature of the building is not of special architectural or historic interest.”.

23 Applications for listed building consent

(1) The 1997 Act is amended as follows.

(2) In section 12 (duty to notify Scottish Ministers of applications)—

(a) in subsection (1) after “shall” insert “, where subsection (1A) applies,”,

(b) after that subsection insert—

“(1A) This subsection applies where—

(a) regulations, or

(b) directions given to planning authorities by the Scottish Ministers,

provide that the application must be so notified.

(1B) Directions under subsection (1A)(b) may be given to—

(a) planning authorities generally,

(b) a particular planning authority, or

(c) a description of planning authority.”.

(3) In section 13 (directions concerning notification of applications etc.)—

(a) subsections (1) and (2) are repealed,

(b) in subsection (4) “(1) or” is repealed.

(4) In section 14 (decision on application for listed building consent) after subsection (2) insert—

“(2A) A planning authority, if minded to grant listed building consent for any works—

(a) must consider imposing a condition specified in, or of a nature indicated in, directions given to them by the Scottish Ministers, and

(b) must not grant such consent without first satisfying the Scottish Ministers that such consideration has been given and that such a condition either will be imposed or is not needed.”.