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

9 Making of applications for listed building consent. S

(1) Except as provided in sections 11 to 14 [F1 or section 73B], an application for listed building consent shall be made to and dealt with by the planning authority.

(2) Such an application [F2 shall be made in such form as the planning authority may require and] shall contain—

(a) sufficient particulars to identify the building to which it relates, including a plan,

(b) such other plans and drawings as are necessary to describe the works which are the subject of the application, and

(c) such other particulars as may be required by the planning authority.

(3) Provision may be made by regulations with respect to—

(a) [F3 the manner in which applications for listed building consent are to be made,]

[F3 the form and manner in which such applications must be made,

(aa) particulars of such matters as are to be included in such applications,

(ab) any documents or other materials which are to accompany such applications,]

[F4 (ac) the planning authority giving notice of such applications made to them—

(i) to such persons or categories of person as may be prescribed,

(ii) in such manner as may be prescribed,

(iii) for such period as may be prescribed, and

(iv) on such number of occasions as may be prescribed,

(ad) the applicant providing such person or persons as may be prescribed such information with respect to the application as may be prescribed,]

(b) the manner in which such applications are to be advertised, F5 ...

(c) the time within which they are to be dealt with by planning authorities or, as the case may be, by the Secretary of State.[F6 , and

(d) the procedure to be followed by planning authorities or, as the case may be, the Scottish Ministers in considering and determining such applications.]

[F7 (4) The regulations must require that an application for listed building consent of such description as is prescribed must be accompanied by a statement about how issues relating to access for the disabled to the building have been dealt with.

(5) The form and content of such a statement are to be such as is prescribed.]

[F8 (6) The regulations must also require planning authorities, before granting or refusing applications for listed building consent in such cases or classes of case as may be prescribed, to consult—

(a) Historic Environment Scotland,

(b) such other persons as may be—

(i) prescribed, or

(ii) specified in directions given to planning authorities by the Scottish Ministers.

(7) Directions given by virtue of subsection (6)(b)(ii) for the purposes of regulations under this section may be given to—

(a) planning authorities generally,

(b) a particular planning authority, or

(c) a description of planning authority.]

Textual Amendments

F1 Words in s. 9(1) inserted (11.5.2006) by The Planning and Compulsory Purchase Act 2004 (Commencement No. 2 and Consequential Provisions) (Scotland) Order 2006 (S.S.I. 2006/243), arts. 1(1), 5(2)

F2 Words in s. 9(2) repealed (12.12.2008 for specified purposes) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 7(3)(a), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a)

F3 S. 9(3)(a)-(ab) substituted for s. 9(3)(a) (12.12.2008 for specified purposes) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 7(3)(b), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a)

F4 S. 9(3)(ac)(ad) inserted (1.12.2019) by Planning (Scotland) Act 2019 (asp 13), ss. 52(2), 63(2); S.S.I. 2019/385, reg. 2, sch.

F5 Word in s. 9(3) repealed (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 9(a)(i) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F6 S. 9(3)(d) and word inserted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 9(a)(ii) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

F7 S. 9(4)(5) inserted (12.12.2008 for specified purposes) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 7(3)(c), 59(2); S.S.I. 2008/411, art. 2(2)(3)(a)

F8 S. 9(6)(7) inserted (27.2.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Historic Environment Scotland Act 2014 (asp 19), s. 31(2), sch. 3 para. 9(b) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.

Modifications etc. (not altering text)

C1 Ss. 6-25 applied (with modifications) (1.10.2015) by The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (S.S.I. 2015/243), regs. 1, 15, sch. 3 (with reg. 2)