Part I

Listed Buildings
Chapter II

Authorisation of Works Affecting Listed Buildings

Applications for listed building consent

Duty to notify Secretary of State of applications.
12
1
If a planning authority to whom application is made for listed building consent intend to grant such consent they shall , where subsection (1A) applies, first notify the Secretary of State of the application giving particulars of the works for which the consent is required.
1A
This subsection applies where—
a
regulations, or
b
directions given to planning authorities by the Scottish Ministers,
provide that the application must be so notified.
1B
Directions under subsection (1A)(b) may be given to—
a
planning authorities generally,
b
a particular planning authority, or
c
a description of planning authority.
2
The Secretary of State may within the period of 28 days beginning with the date of the notification—
a
direct the reference of the application to him under section 11, or
b
give notice to the authority that he requires further time in which to consider whether to require such a reference.
3
The planning authority shall not grant listed building consent until—
a
the period mentioned in subsection (2) has expired without the Secretary of State directing the reference of the application to him or giving them notice under paragraph (b) of that subsection, or
b
the Secretary of State has notified them that he does not intend to require the reference of the application.
Words in s. 12(1) 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), ss. 23(2)(a), 31(2) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
S. 12(1A)(1B) 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), ss. 23(2)(b), 31(2) (with ss. 29, 30); S.S.I. 2015/31, art. 2, sch.; S.S.I. 2015/196, art. 2, sch.
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)
S. 12 savings for effects of 2014 asp 19, s. 23 (1.10.2015) by The Historic Environment Scotland Act 2014 (Saving, Transitional and Consequential Provisions) Order 2015 (S.S.I. 2015/239), arts. 1(1), 17