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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

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31 Action by Secretary of State in relation to listed building purchase notice.S

(1)Subject to the following provisions of this section, if the Secretary of State is satisfied that the conditions specified in section 28(2)(a) to (c) are satisfied in the case of any listed building purchase notice, he shall confirm the notice.

(2)If the Secretary of State is satisfied that those conditions are fulfilled only in respect of part of the land, he shall confirm the notice only in respect of that part and the notice shall have effect accordingly.

(3)The Secretary of State shall not confirm the notice unless he is satisfied that the land comprises such land contiguous or adjacent to the building as is in his opinion required—

(a)for preserving the building or its amenities,

(b)for affording access to it, or

(c)for its proper control or management.

(4)If it appears to the Secretary of State to be expedient to do so he may, instead of confirming the notice—

(a)in the case of a notice served on account of the refusal of listed building consent for any works, grant such consent for those works,

(b)in the case of a notice served on account of such consent being granted subject to conditions, revoke or amend those conditions so far as it appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of those works,

(c)in the case of a notice served on account of such consent being revoked by an order under section 21 or 24, cancel the order revoking the consent, or

(d)in the case of a notice served on account of such consent being modified by such an order by the imposition of conditions, revoke or amend those conditions so far as appears to him to be required in order to enable the land to be rendered capable of reasonably beneficial use by the carrying out of the works in respect of which the consent was granted.

(5)If it appears to the Secretary of State that the land, or any part of it, could be rendered capable of reasonably beneficial use within a reasonable time by the carrying out—

(a)of any other works for which listed building consent ought to be granted, or

(b)of any development for which planning permission ought to be granted,

he may, instead of confirming the listed building purchase notice (or confirming it so far as it relates to that part), direct that if an application is made for such consent for those works, or as the case may be for planning permission for that development, it shall be granted.

(6)If it appears to the Secretary of State, having regard to the probable ultimate use of the building or its site, that it is expedient to do so he may, if he confirms the notice, modify it in relation to either the whole or any part of the land, by substituting another planning authority or statutory undertakers for the authority on whom the notice was served.

(7)Any reference in section 30 to the taking of action by the Secretary of State under this section includes a reference to the taking by him of a decision not to confirm the purchase notice on the grounds that any of the conditions referred to in subsection (1) of this section are not satisfied.

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Modifications etc. (not altering text)

C1S. 31(6): power to modify conferred (27.5.1997) by 1980 c. 65, Sch. 30 Pt. II para. 12 (as substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 31(12))

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