The Scheduled Monuments and Listed Buildings (Miscellaneous Amendments) (Scotland) Regulations 2015
| Jurisdiction | Scotland |
2015No. 328
ANCIENT MONUMENTS
TOWN AND COUNTRY PLANNING
TRANSPORT AND WORKS
The Scheduled Monuments and Listed Buildings (Miscellaneous Amendments) (Scotland) Regulations 2015
9thSeptember2015
11thSeptember2015
10thOctober2015
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1(6), 4D and 9CB of the Ancient Monuments and Archaeological Areas Act 1979( 1), sections 1A, 9(3), 23(2) and 82 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997( 2), section 14 and 28 of the Transport and Works (Scotland) Act 2007( 3) and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Scheduled Monuments and Listed Buildings (Miscellaneous Amendments) (Scotland) Regulations 2015 and come into force on 10th October 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( 4) 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( 5)";
(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...
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