The Planning (Listed Buildings) (Prescribed Form of Notices) (Scotland) Regulations 2011

Scottish Statutory Instruments

2011 No. 374

Town And Country Planning

The Planning (Listed Buildings) (Prescribed Form of Notices) (Scotland) Regulations 2011

Made

27th October 2011

Laid before the Scottish Parliament

31st October 2011

Coming into force

1st December 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 50G of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Planning (Listed Buildings) (Prescribed Form of Notices) (Scotland) Regulations 2011 and come into force on 1st December 2011.

Notice of liability for expenses

2.  A notice of liability for expenses(2) is to be in, or as near as may be in, the form set out in Part 1 of the Schedule.

Notice of renewal

3.  A notice of renewal(3) is to be in, or as near as may be in, the form set out in Part 2 of the Schedule.

Notice of determination

4.  A notice of determination(4) is to be in, or as near as may be in, the form set out in Part 3 of the Schedule.

Notice of discharge

5.  A notice of discharge(5) is to be in, or as near as may be in, the form of notice set out in Part 4 of the Schedule.

    FIONA HYSLOP

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

27th October 2011

Regulations 2 to 5

SCHEDULE FORMS OF NOTICE

PART 1 FORM OF NOTICE OF LIABILITY FOR EXPENSES

NOTICE OF LIABILITY FOR EXPENSES UNDER SECTION 50A OF THE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) (SCOTLAND) ACT 1997

This notice gives details of expenses of certain urgent works carried out in relation to the listed building specified in the notice. A person may, on becoming owner of the listed building, be liable by virtue of section 50A of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 for any outstanding expenses relating to the works.

PART 2 FORM OF NOTICE OF RENEWAL

NOTICE OF RENEWAL UNDER SECTION 50C OF THE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) (SCOTLAND) ACT 1997

This notice gives details of expenses of certain urgent works carried out in relation to the listed building specified in the notice. A person may, on becoming owner of the listed building, be liable by virtue of section 50A of Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 for any outstanding expenses relating to the works. The amount relates to works in respect of which a notice of liability for expenses has been registered.

PART 3 FORM OF NOTICE OF DETERMINATION

NOTICE OF DETERMINATION UNDER SECTION 50D OF THE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) (SCOTLAND) ACT 1997

This notice specifies the amount recoverable in a notice given by the Scottish Ministers under section 50(5) of the Planning (Listed Buildings and Conservations Areas) (Scotland) Act 1997. The amount relates to works in respect of which a notice of liability for expenses has been registered.

PART 4 FORM OF NOTICE OF DISCHARGE

NOTICE OF DISCHARGE OF A [NOTICE OF LIABILITY FOR EXPENSES] [NOTICE OF RENEWAL]* UNDER SECTION 50E OF THE PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) (SCOTLAND) ACT 1997

This notice discharges the [notice of liability for expenses] [notice of renewal]* described below.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the following Forms of Notice under sections 50A to 50E of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as inserted by section 26(3) of the Historic Environment (Amendment) (Scotland) Act 2011—

(a) a notice of liability for expenses under section 50A;

(b) a notice of renewal under section 50C;

(c) a notice of determination under section 50D; and

(d) a notice of discharge under section 50E.

(1)

1997 c.9. Section 50G was inserted by section 26(3) of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3) (“the 2011 Act”); “prescribed” is defined by section 81(1).

(2)

“Notice of liability for expenses” is defined in section 50A(4)(a) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (“the 1997 Act”) inserted by section 26(3) of the 2011 Act.

(3)

“Notice of renewal” is defined in section 50C(2) of the 1997 Act inserted by section 26(3) of the 2011 Act.

(4)

“Notice of determination” is defined in section 50D(2) of the 1997 Act inserted by section 26(3) of the 2011 Act.

(5)

“Notice of discharge” is defined in section 50E(2) of the 1997 Act inserted by section 26(3) of the 2011 Act.