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Listed Building Application form - East Ayrshire Council

Listed Building Application form - East Ayrshire Council

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22. Planning authorities have a duty to ensure that the character of the listed building isgiven due consideration in the determination of the application – there is apresumption against works or development which may adversely affect thecharacter of such a building or its setting. Under section 14(2) of the LBCA Act, theplanning authority is required to have special regard to the desirability of preservingthe building, or its setting, or any features of special architectural or historicinterest which it possesses.23. Where a proposal involves alteration or adaptation which will have an adverseimpact on the character of the building, planning authorities should considercarefully:See SHEP• the relative importance of the special interest of the building; and• the scale of the impact of the proposals on that special interest; and• whether there are other options which would ensure a continuing beneficialuse for the building with less impact on its special interest; and• whether there are significant benefits for economic growth or the widercommunity which justify a departure from the presumption againstdemolition or other works that adversely affect the special interest of alisted building or its setting.24. Where the proposal involves demolition works, the SHEP states that planningauthorities should only approve applications where they are satisfied that:• the building is not of special interest; or• the building is incapable of repair; or• the demolition of the building is essential to delivering significant benefitsto economic growth or the wider community; or• the repair of the building is not economically viable and that its has beenmarketed at a price reflecting its location and condition to potentialrestoring purchasers for a reasonable period.For such proposals, the planning authority will therefore need to see supportingin<strong>form</strong>ation accompanying the application, as indicated in section 17 above. Theplanning authority will also need to consider the merits of any proposed replacementand/or scheme of redevelopment, which will normally be subject to anaccompanying application for planning permission.

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