Town and Country Planning (Scotland) Act 1969

Restrictions on demolition and other works

40 New provisions restricting demolition etc. of listed buildings

(1) In this Part of this Act the expression "listed building " means a building which is for the time being included in a list compiled or approved by the Secretary of State under section 28 of the Act of 1947 (buildings of special architectural or historic interest).

(2) Subject to this Part of this Act, if a person executes or causes to be executed any works for the demolition of a listed building or for its alteration or extension in any manner which would affect its character as a building of special architectural or historic interest, and the works are not authorised under this Part of this Act, he shall be guilty of an offence.

(3) For the purposes of this Part of this Act, any object or structure fixed to a building or forming part of the land and comprised within the curtilage of a building shall be treated as part of the building.

(4) Works for the demolition of a listed building, or for its alteration or extension, are authorised under this Part of this Act only if—

(a) the local planning authority or the Secretary of State have granted written consent (hereafter in this Act referred to as " listed building consent") for the execution of the works and the works are executed in accordance with the terms of the consent and of any conditions attached to the consent under section 41 below; and

(b) in the case of demolition, notice of the proposal to execute the works has been given to the Royal Commission and thereafter either—

(i) for a period of at least three months following the grant of listed building consent and before the commencement of the works, reasonable access to the building has been made available to members or officers of the Commission for the purpose of recording it; or

(ii) the Commission have, by their Secretary or other officer of theirs with authority to act on the Commission's behalf for the purposes of this section, stated in writing that they have completed their recording of the building or that they do not wish to record it.

(5) In subsection (4) above " the Royal Commission " means the Royal Commission on the Ancient and Historical Monuments of Scotland; but the Secretary of State may, by order made by statutory instrument, provide that the said subsection shall, in the case of works executed or to be executed on or after such date as may be specified in the order, have effect with the substitution for the reference to the Royal Commission of a reference to such other body as may be so specified.

(6) Without prejudice to subsection (2) above, if a person executing or causing to be executed any works in relation to a listed building under a listed building consent fails to comply with- any condition attached to the consent under section 41 below, he shall be guilty of an offence.

(7) A person guilty of an offence under this section shall be liable—

(a) on summary conviction to imprisonment for a term of not more than three months or a fine of not more than £250, or both ; or

(b) on conviction on indictment to imprisonment for a term not exceeding twelve months or a fine, or both;

and in determining the amount of any fine to be imposed on a person convicted on indictment the court shall in particular have regard to any financial benefit which has accrued or appears likely to accrue to him in consequence of the offence.

(8) In proceedings for an offence under this section it shall be a defence to prove that the works were urgently necessary in the interests of safety or health, or for the preservation of the building, and that notice in writing of the need for the works was given to the local planning authority as soon as reasonably practicable.

(9) Section 27 of the Act of 1947 (building preservation orders) and subsections (5) to (8) of section 28 of that Act (recording of list and effect of inclusion of building in a list under that section of the Act) shall cease to have effect.

(10) Every building which, before the commencement of this Part of this Act, was subject to a building preservation order under section 27 of the Act of 1947, but was not then included in a list compiled or approved under section 28 of that Act, shall be deemed to be a listed building; but the Secretary of State may at any time direct, in the case of any building, that this subsection shall no longer apply to it and the local planning authority in whose district the building is situated, on being notified of the Secretary of State's direction, shall give notice of it to the owner, lessee and occupier of the building.

(11) Before giving a direction under subsection (10) above in relation to a building, the Secretary of State shall consult with the local planning authority and with the owner, lessee and occupier of the building.

41 Provisions supplementary to s. 40

(1) Section 40 above shall not apply to works for the demolition, alteration or extension of—

(a) an ecclesiastical building which is for the time being used for ecclesiastical purposes or would be so used but for the works; or

(b) a building which is the subject of a scheme or order under the enactments for the time being in force with respect to ancient monuments; or

(c) a building for the time being included in a list of monuments published by the Secretary of State under any such enactment.

For the purposes of this subsection, a building used or available for use by a minister of religion wholly or mainly as a residence from which to perform the duties of his office shall be treated as not being an ecclesiastical building.

(2) Where, on an application in that behalf, planning permission is granted after the commencement of this Part of this Act and—

(a) the development for which the permission is granted includes the carrying out of any works for the alteration or extension of a listed building; and

(b) the planning permission or any condition subject to which it is granted is so framed as expressly to authorise the execution of the works (describing them),

the planning permission shall operate as listed building consent in respect of those works; but, except as provided by this subsection, the grant of planning permission for any development shall not make it unnecessary for such consent to be obtained in respect of any works to which section 40 above applies.

(3) In considering whether to grant planning permission for development which consists in or includes works for the alteration or extension of a listed building, and in considering whether to grant listed building consent for any works, the local planning authority or the Secretary of State, as the case may be, shall have special regard to the desirability of preserving the building or any features of special architectural or historic interest which it possesses.

(4) Without prejudice to section 12(1) of the Act of 1947 (grant of planning permission unconditionally or subject to conditions), the conditions which may under that subsection be attached to a grant of planning permission shall, in the case of such development as is referred to in subsection (2) above, include conditions with respect to—

(a) the preservation of particular features of the building, either as part of it or after severance therefrom;

(b) the making good, after the works are completed, of any damage caused to the building by the works;

(c) the reconstruction of the building or any part of it following the execution of any works, with the use of original materials so far as practicable and with such alterations of the interior of the building as may be specified in the conditions.

(5) Listed building consent may be granted either unconditionally or subject to conditions, which may include such conditions as are mentioned in subsection (4) above.

(6) Part I of Schedule 4 to this Act shall have effect with respect to applications to local planning authorities for listed building consent, the reference of such applications to the Secretary of State and appeals against decisions on such applications; and Part II of that Schedule shall have effect with respect to the revocation of listed building consent by a local planning authority or the Secretary of State and to the compensation payable in the case of revocation.