Managing and Protecting our Historic ... - Historic Scotland

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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
The Historic Environment (Amendment) (Scotland) Act Explained | 35 Act Sect. Theme Content What’s changing What it will do 27 Working with Recovery of grants developers The Planning (Listed Buildings and Conservation Areas)(Scotland) Act 1997 28-30 Other - technical Crown application/ Regulations in connection with inquiries/Regulations and orders Allow Ministers to fix at the outset the grant amount they will wish to recover Disapplies certain provisions in relation to new offences/ procedure for inquiries/extends existing subordinate legislation Enables the Scottish Ministers and local authorities to recover grants in the event of a disposal or breach of condition Various technical provisions, eg dealing with regulation making powers and interpretation, including limited power to amend primary via secondary legislation (s31)
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Managing and Protecting our Historic ... - Historic Scotland

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