The Scheduled Monuments and Listed Buildings (Miscellaneous Amendments) (Scotland) Regulations 2015

Amendment of the Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007

2.—(1) Subject to paragraphs (4) and (5), the Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 5(3) (modification of procedures for listed building consent and conservation area consent)—

(a) for “the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987” substitute “the Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015(2)”;

(b) for sub-paragraph (a) substitute—

“(za) in regulation 4 (applications for listed building consent and conservation area consent) in paragraph (2)(c)(i) after “of Crown land” insert—

• “and is made for the purposes of proposals included in a proposal by the Scottish Ministers to make an order by virtue of section 6 of the Transport and Works (Scotland) Act 2007”;

(a) for regulation 8 (advertisement of applications) substitute—

“8.— (1) Where an application for listed building consent, for conservation area consent or to vary or discharge conditions attached to a listed building consent or a conservation area consent is made to a planning authority in respect of any building—

(a) the applicant must not earlier than 14 days before, and not later than, the date of the application, publish in the Edinburgh Gazette and in a local newspaper circulating in the locality in which the building is situated a notice–

(i) indicating the nature of the works which are the subject of the application;

(ii) naming a place within that locality where a copy of the application, and of all plans and other documents submitted with it, will be open to inspection by the public at all reasonable hours during the period specified in the notice, being a period of not less than 42 days from the date on which the application is made; and

(iii) stating that representations may be made in writing to the planning authority within that period,

and such notice may be combined with such notice of the concurrent application as the applicant is required, by either rules made under section 4 of the Transport and Works (Scotland) Act 2007 (applications), or section 6(3)(b) of that Act (orders made otherwise than on application), to publish in the Edinburgh Gazette and in a local newspaper; and

(b) the planning authority must, for not less than 7 days during the period specified in the notice under sub paragraph (a) of this paragraph by virtue of paragraph (ii) of that sub-paragraph, display on or near the building a notice containing the same particulars as are required to be contained in the notice under that sub paragraph.

(2) In this regulation, “concurrent application” means an application made under section 4 of the Transport and Works (Scotland) Act 2007, or a proposal by the Scottish Ministers to make an order by virtue of section 6 of that Act, relating to proposals for the purposes of which the granting of listed building consent or conservation area consent is required in respect of the building to which the application for listed building consent or conservation area consent relates.””;

(c) in sub paragraph (b)—

(i) for “regulation 6 (certificates to accompany applications)” substitute “regulation 9 (notice to owners)”;

(ii) in paragraph (i)—

(aa) for “paragraph (1)(a)” substitute “paragraph (2)(a)”; and

(bb) omit “a certificate stating” from inserted paragraph (aa);

(iii) omit paragraphs (ii), (iii) and (iv); and

(d) omit sub-paragraphs (c) and (d).

(3) In regulation 6(2) (modification of procedures for scheduled monument consent)—

(a) for “the Ancient Monuments and Archaeological Areas (Applications for Scheduled Monument Consent) (Scotland) Regulations 2011” substitute “the Scheduled Monument Consent Procedure (Scotland) Regulations 2015(3)”;

(b) for sub-paragraph (a) substitute—

“(a) in regulation 3 (application for scheduled monument consent) after paragraph (2) insert—

“(3) The application must also be accompanied by a statement that the application is made for the purpose of proposals included in the concurrent application and the statement must give (if known) the date and the reference number of the concurrent application.

(4) In this regulation “concurrent application” means an application made under section 4 (applications) of the Transport and Works (Scotland) Act 2007 relating to proposals for the purpose of which the granting of scheduled monument consent is required in respect of the monument.””; and

(c) in sub-paragraph (b)—

(i) for “regulation 3” substitute “regulation 5”; and

(ii) in paragraph (iii)(bb) for “a monument” in both places where those words occur substitute “the monument”.

(4) The provisions of regulation 5(3) of the Transport and Works (Scotland) Act 2007 (Consents under Enactments) Regulations 2007 continue to apply as they did immediately before 10th October 2015 in respect of an application for listed building consent or conservation area consent or variation or discharge of conditions in relation to which the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987 continue to have effect by virtue of regulation 19(3) of the Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015.

(5) The provisions of regulation 6(2) of the Transport and Works (Scotland) Act 2007 (Consent under Enactments) Regulations 2007 continue to apply as they did immediately before 10th October 2015 in respect of an application for scheduled monument consent in relation to which the Ancient Monuments and Archaeological Areas (Applications for Scheduled Monument Consent) (Scotland) Regulations 2011 continue to have effect by virtue of regulation 14(2) of the Scheduled Monument Consent Procedure (Scotland) Regulations 2015.

(1)

S.S.I. 2007/569 as amended by S.S.I. 2011/377.

(2)

S.S.I. 2015/243.

(3)

S.S.I. 2015/229.