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Publication - Correspondence

Scheduled Monument Consent - notification of applications: direction 2015

Published: 31 Aug 2015

These new notification directions (Annexes A, B and C) relate to Listed Building/Conservation Area and Scheduled Monument Consents and withdraw earlier directions relating to call-in and the removal of duty to notify certain types of listed building consent applications to Scottish Ministers.

Annex A

The Scottish Ministers give the following Direction in exercise of the powers conferred by paragraph 2C(2)(b) of Schedule 1 to the Ancient Monuments and Archaeological Areas Act 1979 and all other powers enabling them to do so:

Citation and commencement

  1. This direction may be cited as the Scheduled Monument Consent (Notification of Applications) Direction 2015 and comes into force on 1st October 2015.

Requirement to notify applications

  1. An application for scheduled monument consent must, if the Historic Environment Scotland intend to grant consent, be notified to the Scottish Ministers under paragraph 2C(1) of Schedule 1 to the Ancient Monuments and Archaeological AreasAct 1979 where—

The works which would be permitted to the scheduled monument, should scheduled monument consent be granted, would allow a greater level of intervention than the minimum level of intervention that is consistent with conserving what is culturally significant in the monument.

The Scottish Government Directorate for Culture, Europe and External Affairs Victoria Quay Edinburgh EH6 6QQ

Annex B

The Planning (Listed Buildings and Conservation Areas)(Notification of Applications) Direction 2015

The Scottish Ministers give the following Direction in exercise of the powers conferred by section 12(1A)(b) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and all other powers enabling them to do so:

Citation and commencement

  1. This direction may be cited as the Planning (Listed Buildings And Conservation Areas) (Notification of Applications) Direction 2015 and comes into force on 1st October 2015.

Requirement to notify applications

  1. An application for listed building consent or conservation area consent must, if the planning authority intend to grant consent, be notified to the Scottish Ministers under section 12(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 where Historic Environment Scotland has—

(a) advised against the granting of consent; or (b) recommended conditions which the planning authority does not propose to attach to the consent.

The Scottish Government Directorate for Culture, Europe and External Affairs Victoria Quay Edinburgh EH6 6QQ

Annex C

Directions relating to removal of duty to notify which are now redundant.

All directions are entitled:

Listed Buildings And Conservation Areas (Removal Of Duty To Notify)(Scotland) Direction [year].

Each direction was accompanied by a covering letter from Historic Scotland.

Dates cited below are the dates on which individual Directions came into effect.

  • Aberdeen City Council 6 September 2010
  • Aberdeenshire Council 1 April 2011
  • Angus Council 1 February 2012
  • City of Edinburgh 1 May 2012 (x2), 1 June 2014 (specific - Forth Bridge)
  • Dumfries and Galloway Council 2 January 2011
  • Dundee City Council 1 December 2010
  • Fife Council 1 June 2014 (specific - Forth Bridge)
  • Glasgow City Council 7 June 2010 and 1 May 2012
  • The Highland Council 28 July 2011, 17 October 2011, 24 October 2011, 14 Nov 2011 (specific - Rio Tinto Alcan)
  • Moray Council 4 April 2011, 6 Nov 2014
  • Orkney Islands Council 1 October 2010
  • Perth and Kinross Council 1 October 2010
  • Renfrewshire Council 1 April 2011
  • Scottish Borders Council 1 September 2011
  • Shetland Islands Council 12 September 2011
  • South Ayrshire Council 1 April 2012
Published:
31 Aug 2015
Scheduled Monument Consent - notification of applications: direction 2015