The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987

PART I NOTIFICATION TO BE SENT TO APPLICANT ON REFUSAL OF LISTED BUILDING CONSENT OR CONSERVATION AREA CONSENT OR GRANT OF SUCH CONSENT SUBJECT TO CONDITIONS

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, he may, by notice served within 6 months of the receipt of this notice, appeal to the Secretary of State for Scotland (on a form obtainable from him on application to the Secretary, Scottish Development Department, New St Andrew’s House, St James Centre, Edinburgh EH1 3SZ) in accordance with paragraph 7 of Schedule 10 to the Town and Country Planning (Scotland) Act 1972, as also applied to buildings in conservation areas by section 262A(8) of that Act (as substituted by section 2(1) of the Town and Country Amenities Act 1974 and amended by (1) Schedule 2, paragraph 38(a) of the Local Government and Planning (Scotland) Act 1982, and (2) Schedule 9, paragraph 21 of the Housing and Planning Act 1986). The Secretary of State has power to allow a longer period for the giving of a notice of appeal, but he will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal.

2.  If listed building consent or conservation area consent is refused, or granted subject to conditions, whether by the planning authority or by the Secretary of State, and the owner of the land claims that the land has become incapable of reasonably beneficial use in its existing state and cannot be rendered capable of reasonably beneficial use by the carrying out of any works which have been or would be permitted, he may serve on the planning authority in whose district the land is situated a listed building purchase notice requiring that authority to purchase his interest in the land in accordance with the provisions of section 179 of the Town and Country Planning (Scotland) Act 1972, as also applied to buildings in conservation areas by section 262A(8) of that Act.

3.  In certain circumstances a claim may be made against the planning authority for compensation where permission is refused or granted subject to conditions by the Secretary of State on appeal or on a reference of an application to him. The circumstances in which such compensation is payable are set out in section 160 of the Town and Country Planning (Scotland) Act 1972.