Managing and Protecting our Historic ... - Historic Scotland
Managing and Protecting our Historic ... - Historic Scotland
Managing and Protecting our Historic ... - Historic Scotland
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
The <strong>Historic</strong> Environment (Amendment) (Scotl<strong>and</strong>) Act Explained | 23<br />
Hearings in connection with applications for<br />
listed building consent <strong>and</strong> appeals<br />
Under the present legislative arrangements<br />
applicants <strong>and</strong> appellants can insist on being<br />
given an opportunity of appearing <strong>and</strong> being<br />
heard before a person appointed for that<br />
purpose. This may be done by means of an<br />
oral hearing or by means of a public local<br />
inquiry. The Act removes this automatic right<br />
to be heard in connection with listed building<br />
applications <strong>and</strong> appeals under the 1997 Act.<br />
This will enable Scottish Ministers to determine<br />
the most suitable means of determining each<br />
application, through written submissions, a<br />
hearing or an inquiry or any combination of<br />
these. This is in line with the model used in<br />
planning.<br />
Fines<br />
The Act also increases the maximum level of<br />
fines from £20,000 to £50,000 on summary<br />
conviction for the offences of executing,<br />
or causing to be executed, unauthorised<br />
works for the demolition of a listed building<br />
or for the alteration or extension of a listed<br />
building which affects its character as a<br />
building of special architectural or historic<br />
interest <strong>and</strong> failure to comply with conditions<br />
attached to listed building consent.<br />
Urgent works costs<br />
At present the planning authority <strong>and</strong> Scottish<br />
Ministers are limited to pursuing recovery of<br />
expenses for urgent works on a listed building<br />
from whoever was the owner at the time of<br />
notification. A new power in the Act enables a<br />
notice of liability for expenses for urgent works<br />
to be registered in the appropriate property<br />
register against the listed building. By enabling,<br />
in effect, a charge to be placed against the<br />
property itself, the new provision will provide<br />
that any new owner from time to time of the<br />
property will also be liable to pay the costs.<br />
Urgent works to preserve unoccupied listed<br />
buildings<br />
The Act provides an additional example of the<br />
types of works which may be carried out where<br />
such works appear to be urgently necessary<br />
for the preservation of a listed building.<br />
1 2