PART 6FURTHER MODIFICATIONS IN RELATION TO THE HISTORIC ENVIRONMENT

Listed buildings

I1I223Applications 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subsections (1) and (2) are repealed,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in subsection (4) “(1) or” is repealed.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.