The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Amendment Regulations 2011

Amendment of the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987

2.—(1) Subject to regulation 3, the 1987 Regulations are amended in accordance with paragraphs (2) to (6).

(2) In regulation 6 (certificates to accompany applications and appeals) omit paragraphs (5) and (8).

(3) Omit regulation 8 (appeals).

(4) In regulation 9 (claims for compensation and listed building purchase notices)—

(a) in paragraph (1)—

(i) omit sub-paragraph (a)(i); and

(ii) at the end of paragraph (c) insert—

“; and

(d) a claim for compensation made under section 41D or 41I (compensation for loss or damage due to a stop notice or a temporary stop notice) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (“the 1997 Act”).”.

(b) for paragraph (3) substitute—

“(3) The time within which any claim for compensation as is mentioned in paragraph (1) is to be served is, in the case of a claim as is mentioned in—

(a) sub-paragraph (a)(ii) or (iii), 6 months from the date on which the listed building consent or the conservation area consent, as the case may be, is revoked or modified;

(b) sub-paragraph (a)(iv), 6 months from the date on which the notice ceases to have effect;

(c) in sub-paragraph (d), for loss or damage due to a stop notice, 6 months from the date on which the notice ceases to have effect; and

(d) sub-paragraph (d), for loss or damage due to a temporary stop notice—

(i) in the circumstances set out in section 41I(2)(a) of the 1997 Act, 6 months from the date on which the notice is first displayed; or

(ii) in the circumstances set out in section 41I(2)(b) of the 1997 Act, 6 months from the date on which the notice is withdrawn.

(4) The time within which a listed building purchase notice as is mentioned in paragraph (1) is to be served is 12 months from the date on which listed building consent or conservation area consent, as the case may be, is—

(a) refused;

(b) granted subject to conditions;

(c) revoked; or

(d) modified.”.

(5) In Schedule 1—

(a) for paragraph 1 of the notification contained in Part I substitute—

“1.   If the applicant is aggrieved by the decision of the planning authority to refuse listed building consent or conservation area consent for the proposed works, or to grant such consent subject to conditions, the applicant may appeal to the Scottish Ministers under section 18 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 within 3 months beginning with the date of this notice. The notice of appeal should be addressed to [Note 1].”;

(b) after that notification insert—

“NOTES TO PART I

Note 1 – insert details of address to which the notice of appeal should be sent.”; and

(c) for Part II substitute—

“PART II NOTIFICATION TO BE SENT TO APPLICANT ON REFUSAL TO VARY OR DISCHARGE CONDITIONS ATTACHED TO A LISTED BUILDING CONSENT OR A CONSERVATION AREA CONSENT OR ON THE ADDITION OF NEW CONDITIONS CONSEQUENTIAL UPON VARIATION OR DISCHARGE

If the applicant is aggrieved by the decision of the planning authority to refuse to vary or discharge the conditions attached to a listed building consent or conservation area consent or to add new conditions consequential upon any such variation, the applicant may appeal to the Scottish Ministers under section 18 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 within 3 months beginning with the date of this notice. The notice of appeal should be addressed to [Note 1].

NOTES TO PART II

Note 1 – insert details of address to which the notice of appeal should be sent.”.

(6) In Schedule 2—

(a) in Part I—

(i) omit “/the appellant”, “/the appellant has” and “/the appellant is”, in each place where those words occur; and

(ii) for “application/ appeal” substitute “application” in each place where those words occur;

(b) in the Notes to Part I omit “or appeal”; and

(c) omit Part III.