The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015
| Jurisdiction | Scotland |
| Citation | SSI 2015/243 |
| Year | 2015 |
2015No. 243
TOWN AND COUNTRY PLANNING
The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015
2ndJune2015
4thJune2015
1stOctober2015
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 9(3) to (6), 10, 17, 23(2), 25(2), 26(2), 28(1), 41D(5), 41I, 66(3) and 82 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 Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 and come into force on 1st October 2015.
Application
2.-(1) Subject to paragraph (3), these Regulations apply to-
(a) applications for listed building consent;(b) applications for conservation area consent; and(c) applications for variation or discharge of conditions,made on or after 1st October 2015.
(2) Regulation 16 applies in respect of an order under section 21 of the Act (revocation and modification of listed building consent by planning authority) made on or after 1st October 2015.
(3) These Regulations do not apply to applications for consent under section 73B of the Act( 2) (urgent works relating to Crown land: application).
Interpretation
3. In these Regulations-
"the Act" means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997;
"application for variation or discharge of conditions" means an application under section 17 of the Act (application for variation or discharge of conditions) (or that section as applied by section 66 of the Act (control of demolition in conservation areas)) for the variation or discharge of conditions subject to which listed building consent or conservation area consent, as the case may be, has been granted; and
"Crown land" has the same meaning as in section 73C of the Act( 3) (expressions relating to Crown land).
Applications for listed building consent and conservation area consent
4.-(1) An application for listed building consent or for conservation area consent must, in addition to the particulars and documents to be contained by virtue of section 9(2) of the Act( 4) (making of applications for listed building consent), include-
(a) the name and address of the applicant; and(b) where an agent is acting on behalf of the applicant, the name and address of that agent.(2) An application must be accompanied by-
(a) two copies of the application and of any related plans and drawings;(b) where required by regulation 6, an access statement; and(c) where-(i) the application relates to Crown land, a statement that the application is made in respect of Crown land; or(ii) the application does not relate to Crown land, one or other of the certificates required under regulation 9(2).Applications to vary or discharge conditions attached to listed building consent and conservation area consent
5.-(1) An application for the variation or discharge of conditions attached must, in addition to the particulars and documents to be contained by virtue of section 9(2) of the Act, include-
(a) particulars of the applicant's interest in the building; and(b) the name and address of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent.(2) An application must be accompanied by-
(a) two copies of the application and of any related plans and drawings; and(b) where-(i) the application relates to Crown land, a statement that the application is made in respect of Crown land; or(ii) the application does not relate to Crown land, one or other of the certificates required under regulation 9(2).Access statements
6.-(1) An application for listed building consent must be accompanied by an access statement.
(2) An access statement is a document containing a written statement about how issues relating to access to the building for disabled people have been dealt with and which-
(a) explains the policy or approach adopted as to such access and how any specific issues arising from the proposed works which might affect such access have been addressed;(b) describes how features which ensure access to the building for disabled people will be maintained; and(c) states what, if any, consultation has been undertaken on issues relating to access to the building for disabled people and what account has been taken of the outcome of any such consultation.(3) This regulation does not apply to an application for listed building consent where the works which are the subject of the application do not alter the means of access to the listed building.
Consultation by the planning authority with Historic Environment Scotland
7.-(1) The planning authority must consult Historic Environment Scotland before granting or refusing-
(a) applications for listed building consent by a planning authority;(b) applications for listed building consent in respect of-(i) works for the demolition of a listed building;(ii) works to a category A listed building; or(iii) works to a category B listed building; and(c) applications for conservation area consent.(2) In this regulation-
"category A listed building" means a listed building specified as being category A in a list of buildings compiled or approved under section 1 of the Act( 5) (listing of buildings of special architectural or historic interest); and
"category B listed building" means a listed building specified as being category B in a list of buildings compiled or approved under section 1 of the Act.
Advertisement of applications
8.-(1) The planning authority must give notice of-
(a) an application for listed building consent;(b) an application for conservation area consent; or(c) an application for variation or discharge of conditions,in accordance with this regulation.
(2) Notice under paragraph (1) must-
(a) be published in-(i) the Edinburgh Gazette; and(ii) a local newspaper circulating in the locality in which the building to which the application relates is situated; and(b) be displayed on or near the building for not less than 7 days.(3) Notice under paragraph (1) must-
(a) state-(i) in the case of an application for listed building consent or conservation area consent, the nature of the works to which the application relates; and(ii) in the case of an application for variation or discharge of conditions, the nature of the variation or discharge to which the application relates;(b) describe the location of the building to which the application relates including, where applicable, a postal address;(c) include the reference number (if any) given to the application by the planning authority;(d) state how the application, plans or drawings related to it and other documents submitted in connection with it may be inspected;(e) state that representations may be made to the planning authority and include information as to how any representations may be made and by which date they must be made (being a date not earlier than 21 days after the date of publication of the notice); and(f) include a statement as to how to obtain information explaining the procedures which are followed in relation to applications for listed building consent, applications for conservation area consent or applications for variation or discharge of conditions, as the case may be.Notices to owners
9.-(1) Subject to paragraph (4), the applicant is to give notice in the form set out in Schedule 1 to any person (other than the applicant) who at the beginning of the prescribed period is the owner of the building to which the application relates.
(2) The applicant must issue a certificate stating, as appropriate-
(a) that at the beginning of the prescribed period no person (other than the applicant) was the owner of any of the building to which the application relates;(b) that the applicant has given notice to every person (other than the applicant) who at the beginning of the prescribed period was the owner of the building to which the application relates; or(c) that the applicant is unable to give notice to every such person.(3) A certificate issued-
(a) under paragraph (2)(b) or (c) must set out the name of every person to whom notice was given and the address at and date on which such notice was given;(b) under paragraph (2)(c) must certify that the applicant has taken reasonable steps (specifying them) to ascertain the names and addresses of those persons to whom the applicant has been unable to give notice.(4) This regulation does not apply to an application relating to Crown land.
(5) In this regulation "prescribed period" means the period of 21 days ending with the date of the application.
Duty to decline to entertain application
10.-(1) Subject to paragraph (2), a planning authority shall not entertain-
(a) an application for listed building consent;(b) an application for conservation area consent; or(c) an application for variation or discharge of conditions,unless the application is accompanied by a certificate issued under regulation 9(2).
(2) Paragraph (1) does not apply to an application relating to Crown land.
Application - national security
11. The validity of an application shall not be affected by failure to disclose information as to-
(a) national security; and(b) the measures taken or to be taken to ensure the security of any premises or property,where the application is accompanied by a written statement from the applicant that, in the opinion of the applicant, the information relates to the matters mentioned in (a) or (b) above, and that public disclosure of that...
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