Managing and Protecting our Historic ... - Historic Scotland

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22 | Managing and Protecting our Historic Environment What is Changing? 1 2 1. British Home Stores, Princes Street, Edinburgh 2. Muckrach Castle, Cairngorms National Park Changes introduced by the Act Certificate that a building not intended to be listed Referred to as ‘Certificates of Immunity’, a certificate is a guarantee that a building will not be statutorily listed during the five years from the date of the certificate. Applications for a certificate will be subject to the same rigorous assessment process that is applied when considering the merits of any building for listing. Listed building enforcement: stop notices, temporary stop notices and fixed penalty notices Enforcement provisions for listed buildings already exist under current legislation and provide for a planning authority or the Scottish Ministers to serve a listed building enforcement notice. The Act introduces new powers to allow a listed building enforcement notice to specify such works as the planning authority or the Scottish Ministers require to be stopped. Stop notices and temporary stop notices A stop notice will come into effect not less than three and no more than 28 days after it was issued, unless there are special reasons to justify it taking effect immediately, and must accompany or follow an enforcement notice. Unlike a stop notice, a temporary stop notice can be issued even if no enforcement notice has been issued and will effect an immediate halt to unauthorised works. A temporary stop notice is only temporary for up to 28 days to enable the most appropriate enforcement action to be considered and undertaken during this time. Temporary stop notices for listed buildings can only be issued by planning authorities. The provisions are modelled on those in planning. Fixed penalty notice The Act also introduces a new power that will enable planning authorities only to issue fixed penalty notices as an alternative to prosecution in cases where a person is in breach of a listed building enforcement notice. The provisions are modelled on those in planning. Listed Building Consent (LBC) Declining to determine an application for LBC The Act introduces a power to enable local authorities to decline to consider a LBC application where a similar application has been refused in the previous two years. The Act sets out grounds for a planning authority to decline to determine an application for LBC in detail.
The Historic Environment (Amendment) (Scotland) Act Explained | 23 Hearings in connection with applications for listed building consent and appeals Under the present legislative arrangements applicants and appellants can insist on being given 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 removes this automatic right to be heard in connection with listed building applications and appeals under the 1997 Act. This will enable Scottish Ministers to determine the most suitable means of determining each application, through written submissions, a hearing or an inquiry or any combination of these. This is in line with the model used in planning. Fines The Act also increases the maximum level of fines from £20,000 to £50,000 on summary conviction for the offences of executing, or causing to be executed, unauthorised works for the demolition of a listed building or for the alteration or extension of a listed building which affects its character as a building of special architectural or historic interest and failure to comply with conditions attached to listed building consent. Urgent works costs At present the planning authority and Scottish Ministers are limited to pursuing recovery of expenses for urgent works on a listed building from whoever was the owner at the time of notification. A new power in the Act enables a notice of liability for expenses for urgent works to be registered in the appropriate property register against the listed building. By enabling, in effect, a charge to be placed against the property itself, the new provision will provide that any new owner from time to time of the property will also be liable to pay the costs. Urgent works to preserve unoccupied listed buildings The Act provides an additional example of the types of works which may be carried out where such works appear to be urgently necessary for the preservation of a listed building. 1 2
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Managing and Protecting our Historic ... - Historic Scotland

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