Stirling-Alloa-Kincardine Railway and Linked Improvements Act 2004

SCHEDULE 10 Listed buildings and conservation areas

(introduced by section 32)

1 (1) Subject to sub-paragraph (2) below, if a listed building was such a building immediately before 1st December 2002 and is specified in columns (1), (2) and (3) of the following table—

(a) section 6 of the Listed Buildings Act (restriction on works affecting listed buildings) shall not apply to works carried out in relation to the building in exercise of the powers conferred by Part 1 of this Act;

(b) to the extent that a notice issued in relation to the building under section 34(1) of that Act (enforcement) requires the taking of steps which would be rendered ineffective, or substantially ineffective, by works proposed to be carried out in exercise of the powers conferred by this Part of this Act, it shall not have effect or, as the case may be, shall cease to have effect;

(c) no steps may be taken in relation to the building under section 38(1) of that Act (execution of works specified in notice under section 34(1)) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above; and

(d) no works may be executed for the preservation of the building under section 49 of that Act (urgent works to preserve unoccupied listed buildings) which would be rendered ineffective, or substantially ineffective, by such works as are mentioned in paragraph (b) above.

(2) In the case of any building specified in columns (1), (2) and (3) of the following table in relation to which any description of works is specified in column (4) of that table, sub-paragraph (1) above shall have effect as if the references to works carried out in exercise of the powers conferred by Part 1 of this Act were, so far as concerns works of demolition or alteration (as opposed to extension), to works so carried out which are of a description specified in relation to it in that column.

(3) Paragraphs (a) to (d) of sub-paragraph (1) above shall also apply in relation to a listed building which was not such a building immediately before 1st December 2002.

(4) If a building included in a conservation area and not a listed building—

(a) was not included in a conservation area immediately before 1st December 2002; or

(b) was included in such an area immediately before that date and is specified in columns (1), (2) and (3) of the following table,

section 66 of the Listed Buildings Act (control of demolition in conservation areas) shall not apply to the demolition of the building in exercise of the powers conferred by Part 1 of this Act.

(5) Anything which, by virtue of section 1(4) of the Listed Buildings Act (objects or structures fixed to, or within the curtilage of, a building), is treated as part of a building for the purposes of that Act shall be treated as part of the building for the purposes of this paragraph.

TABLE

Buildings authorised to be demolished or altered

Local government area	Sheet of Parliamentary plans	Buildings authorised to be demolished or altered	Limit of authorised demolition or alteration
(1)	(2)	(3)	(4)
Stirling	Sheet 1	Signals SM47 and SM26	Removal of signals and supporting structures.
Stirling	Sheet 1	Signals SN11 and SN18	Removal of signals and supporting structures.
Stirling	Sheet 1	Stirling Middle Signal Box	Provision of cable route access, provision of cable trunking access to operating floor, and internal modifications.
Stirling	Sheet 1	Stirling North Signal Box	Provision of cable route access, provision of cable trunking access to operating floor, internal modifications, strength-ening and improvement works, and alterations to signal box access.

2 Section 53 of the Listed Buildings Act (acts causing or likely to result in damage to listed buildings) shall not apply to anything done in exercise of the powers conferred by Part 1 of this Act with respect to works.

3 In this schedule—

• “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c. 9); and

• “building” and “listed building” have the same meanings as in the Listed Buildings Act.