Managing and Protecting our Historic ... - Historic Scotland

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24 | Managing and Protecting our Historic Environment What is Changing? Listed building process flowchart (green boxes are what the Act will change) Application for a Certificate of Immunity Certificate of Immunity No works, no obligations Building is listed Retrospective consent Works to a listed building Unauthorised changes Interim interdict Applications for LBC processed by Planning authority - certain applications sent to HS for a final view Temporary stop notice End of process Granted Refused or granted subject to conditions Call-in by Scottish Ministers Enforcement notice Stop notice Fixed penalty notice Removal of the automatic right to be heard Appeal Applications for LBC processed by planning authority: If a planning authority is minded to grant consent in a case involving an A or B listed building, this must be referred to Historic Scotland for a final view. Cases involving demolition of a C(S) building must also be notified to Historic Scotland. Historic Scotland must then consider whether there are special circumstances – such as the particular importance of the building, the degree of national interest about the proposals – to recommend that the application is called in for their own decision. Call in: Currently, when Scottish Ministers decide to call in a case, a Reporter is appointed who may arrange a public local inquiry, according to the wishes of either the applicant or the local authority. The Act 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. In 2009-10, 2,038 cases were notified to HS. HS is currently rolling the removal of the duty to notify Historic Scotland of some B listed cases to local authorities, using new powers under the Planning etc Act 2006.
The Historic Environment (Amendment) (Scotland) Act Explained | 25 1 1. Old Town Conservation Area, Edinburgh 2. Broughty Ferry Conservation Area, Dundee 2 Conservation areas What are conservation areas? Conservation areas are defined as ‘areas of special architectural or historic interest the character or appearance of which it is desirable to preserve or enhance’ under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act (‘the 1997 Act’). All planning authorities are required from time to time to determine which areas meet this definition and to designate them as conservation areas. There are over 630 conservation areas in Scotland. The public will normally be consulted on any proposal to designate conservation areas or to change their boundaries. When is conservation area consent required? Conservation area consent will normally be required for the demolition of an unlisted building within a conservation area. This process is managed by the planning authorities. If minded to approve consent the planning authority must obtain a final view from Historic Scotland prior to issuing consent. In 2009-10, 167 conservation area consent applications from planning authorities were notified to Historic Scotland. Urgent works to preserve unoccupied buildings in conservation areas If it appears to Scottish Ministers that the preservation of a building in a conservation area is important for maintaining the character or appearance of that area, they may direct that an urgent works notice under section 49 of 1997 Act (allowing urgent works to be carried out) shall apply to it as it applies to listed buildings. Changes introduced by the Act The Act amends the 1997 Act to ensure that stop notices and temporary stop notices will be available as enforcement tools in relation to unlisted buildings in conservation areas. This is consistent with other protection afforded to such buildings by virtue of section 66(3) of the 1997 Act (control of demolition in conservation areas).
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Managing and Protecting our Historic ... - Historic Scotland

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