The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Amendment Regulations 2011

Scottish Statutory Instruments

2011 No. 376

Town And Country Planning

The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Amendment 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 sections 18, 19, 41D(5) and 82 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(1) and all other powers enabling them to do so.

Citation, commencement and interpretation S

1.—(1) These Regulations may be cited as the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Amendment Regulations 2011 and come into force on 1st December 2011.

(2) In these Regulations—

“the 1987 Regulations” means the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987(2); and

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

Commencement Information

I1 Reg. 1 in force at 1.12.2011, see reg. 1(1)

Amendment of the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987 S

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 revoked (1.10.2015) by The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (S.S.I. 2015/243), regs. 1, 19(2)(c) (with regs. 2, 19(3))

Saving provisions S

3.—(1) Regulations 6 and 8 of, and Schedule 2 to, the 1987 Regulations continue to have effect as they had effect immediately before 1st December 2011 in relation to an appeal made under—

(a) section 18(1) of the Act (appeals against refusal of or conditional consent to applications for listed building consent or against refusal of approval required by a condition);

(b) section 18(2) of the Act (appeals in default of decision on application for listed building consent or for approval required by a condition);

(c) section 18(1) and (2) of the Act as applied by—

(i) section 17 of the Act (applications for variation or discharge of conditions); or

(ii) section 66 of the Act (control of demolition of buildings in conservation areas),

where notice of appeal is given to the Scottish Ministers under section 19(1) of the Act before that date.

(2) Regulation 9 of the 1987 Regulations continues to have effect as it had effect immediately before 1st December 2011 in relation to a claim for compensation made or a listed building purchase notice served before that date.

Commencement Information

I2 Reg. 3 in force at 1.12.2011, see reg. 1(1)

    FIONA HYSLOP

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

27th October 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1997 to take account of the amendment of the Town and Country Planning (Scotland) Act 1997 by the Historic Environment (Amendment) (Scotland) Act 2011.

In particular, they remove provision on applications for appeal against decisions relating to listed building consent and make changes to procedures for making claims for compensation (regulation 2).

(1)

1997 c.9. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). Sections 41D and 41I are inserted by section 23(1) of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3). Section 41I applies section 41D(5).

(2)

S.I. 1987/1529 as amended by S.S.I. 2004/332.