Managing and Protecting our Historic ... - Historic Scotland

12 | Managing and Protecting our Historic Environment What is Changing?
Changes introduced by the Act
Scheduled monument consent
Inquiries and hearings
Under the present legislative arrangements,
before determining whether or not to grant
SMC, Scottish Ministers must afford applicants
an opportunity of appearing and being heard
before a person appointed for that purpose.
This may be done by means of an oral hearing
or by means of a public local inquiry. The Act
will remove this automatic right to be heard
in connection with SMC applications. This will
enable Scottish Ministers to proceed by the
most suitable means of determining each
application, through written submissions, a
hearing or an inquiry, or any combination of
these. This will ensure that the SMC process
reflects the model used in planning.
Refusal to entertain certain applications for SMC
The Act introduces a power for Scottish
Ministers not to entertain certain applications
for SMC. This will apply where a similar
application has been refused in the previous
two years and there has been no significant
change in any material considerations since
the similar application was refused.
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1. Inchmahome Priory, Lake of Menteith, Stirlingshire
2. Excavation at Links of Noltland, Orkney
3. Guthrie Castle, Angus
4. Orchardton Tower, Dumfries and Galloway
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