Managing and Protecting our Historic ... - Historic Scotland

34 | Managing and Protecting our Historic Environment What is Changing?
Act Sect. Theme Content What’s changing What it will do
The Ancient
Monuments and
Archaeological
Areas Act 1979
The Planning
(Listed
Buildings and
Conservation
Areas)(Scotland)
Act 1997
15/16 Harmonising Application
for scheduled
monument consent
(SMC)
17 Harmonising Scheduled
monument consent:
inquiries and
hearings
18 Working with
developers
19 Harmonising
Deterrence
Certificate that
building not
intended to be
listed (‘certificates of
immunity’)
Offences in relation to
unauthorised works
20 Harmonising Declining to
determine an LBC
application
21 Harmonising LBC applications and
appeals: hearings
22-24 Harmonising
Urgent threats
Enforcement
25 Urgent threats Urgent works to
preserve unoccupied
listed buildings
26 Urgent threats Liability of owner
and successors for
expenses of urgent
works
New power to decline
to consider a SMC
application where it
is similar to another
application under
certain conditions
Removal of the
automatic right to be
heard
New power and
ancillary right of
entry for Scottish
Ministers to issue a
certificate that they
do not intend to list a
building for 5 years
Increases levels
of fines for certain
offences
New power for a
Planning authority to
decline to consider
a listed building
consent application
where it is similar to
another application
under certain
conditions
Removal of the
automatic right to be
heard
Stop notices and
temporary stop
notices and fixed
penalty notice
Includes an example
of the types of urgent
works which may be
carried out
A notice of liability
for urgent works
expenses to be
registered against the
listed building
Harmonising
provision in line with
listed building and
planning legislation
(See also section 20
below).
Harmonising
provision in line with
listed building and
planning legislation
(See also section 21
below).
Guarantee that a
building will not be
listed during the five
years from the date
of the certificate. Aim
to provide certainty
for owners and
developers preparing
proposals
Increase in fines From
£20,00 to £50,000
Harmonise with
Planning legislation
Harmonise with
planning legislation
Harmonise with
planning legislation
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.
Address the difficulties
of recovering costs
when ownership
of a property has
changed or has an
absentee owner