The Town and Country Planning (Appeals) (Scotland) Amendment Regulations 2011

Appeals under section 18 of the Listed Buildings Act

8.  After regulation 15 insert—

“PART 4A Appeals under section 18 of the Listed Buildings Act

Notice of appeal

15A.— (1) An appeal to the Scottish Ministers under—

(a) section 18(1) of the Listed Buildings Act (appeals against refusal of or conditional consent to applications for listed building consent or against refusal of approval required by a condition);

(b) section 18(2) of the Listed Buildings Act (appeals in default of decision on application for listed building consent or for approval required by a condition);

(c) section 18(1) and (2) of the Listed Buildings Act as applied by—

(i) section 17 of that Act (applications for variation or discharge of conditions); or

(ii) section 66 of that Act (control of demolition of buildings in conservation areas),

is to be made by giving notice in writing in accordance with this regulation.

(2) In relation to an application mentioned in section 18(1)(a) or (b) of the Listed Buildings Act the relevant period prescribed for the purposes of section 18(3)(a) of the Listed Buildings Act is the period of two months from the date of receipt of the application by the planning authority.

(3) Subject to regulation 24, the notice of appeal must be served on the Scottish Ministers within the period of three months beginning with, in the case of an appeal made by virtue of—

(a) section 18(1) of the Listed Buildings Act, the date of the decision notice; and

(b) section 18(2) of the Listed Buildings Act, the date of expiry of the period allowed for determination of the application.

(4) In relation to an appeal made under section 18 of the Listed Buildings Act—

(a) this Part and Parts 1, 3, 7 (other than regulation 20) and 8, the Hearing Session Rules and the Inquiry Session Rules apply; and

(b) the following provisions of Part 2 apply as they apply to an appeal made under section 47 of the Act—

(i) regulation 3(3) to (5);

(ii) regulation 4 other than paragraph (2)(c); and

(iii) regulations 5 and 6.

(5) An appeal under section 18 of the Listed Buildings Act is not to be entertained by the Scottish Ministers unless it is accompanied by a certificate required under regulation 15B.

Notice to owners

15B.— (1) The appellant is to give notice in the form set out in Part 1 of Schedule 3 to any person (other than the appellant) who at the beginning of the prescribed period is the owner of the building to which the appeal relates.

(2) Where the appellant is unable to give notice to every person (other than the appellant) who at the beginning of the prescribed period was the owner of the building to which the appeal relates, the appellant must publish a notice in a local newspaper circulating in the locality in which the building is situated.

(3) Notice under paragraph (2) is to—

(a) be in the form set out in Part 2 of Schedule 3; and

(b) be published before the beginning of the prescribed period.

(4) The appellant must issue a certificate stating, as appropriate—

(a) that at the beginning of the prescribed period no person (other than the appellant) was the owner of the building to which the appeal relates;

(b) that the appellant has given notice to every person (other than the appellant) who at the beginning of the prescribed period was the owner of the building to which the appeal relates; or

(c) that the appellant is unable to give notice to every such person.

(5) A certificate issued—

(a) under paragraph (4)(b) or (c) must set out the name of every person to whom notice was given and the address at and date on which such notice was given;

(b) under paragraph (4)(c) must certify that—

(i) the appellant has taken reasonable steps (specifying them) to ascertain the names and addresses of those persons to whom the applicant has been unable to give notice; and

(ii) that a notice has been published in accordance with paragraph (2) (specifying the date and place of publication).

(6) In this regulation, “prescribed period” means the period of 21 days ending with the date on which notice of appeal is given to the Scottish Ministers under section 19(1) of the Listed Buildings Act.”.