Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997
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Change 1
SCHEDULE 1 Buildings formerly subject to building preservation orders
Section 1(5). 1 Subject to paragraph 2, every building which immediately before 3rd August 1970 was subject to a building preservation order under section 27 of the Town and Country Planning (Scotland) Act 1947 but was not then included in a list compiled or approved under section 28 of that Act shall be deemed to be a listed building. 2 (1) Historic Environment Scotland may at any time direct that paragraph 1 no longer applies to a particular building. (1A) The Scottish Ministers may direct that paragraph 1 no longer applies to a particular building if the building is referred to in a notice of appeal under section 5B, 18 or 35 relating to the building (whether or not they are requested to do so). (2) The planning authority in whose district the building in respect of which a direction under sub-paragraph (1) or (1A) is given is situated, on being notified of the direction, shall give notice of it to the owner, lessee and occupier of the building. (2A) Where a direction is given under sub-paragraph (1) or (1A), Historic Environment Scotland or (as the case may be) the Scottish Ministers must notify the other. (3) Before giving a direction under sub-paragraph (1) or (1A) in relation to a building, Historic Environment Scotland or (as the case may be) the Scottish Ministers shall consult the planning authority and the owner, lessee and occupier of the building. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 1 Buildings formerly subject to building preservation orders
Section 1(5). 1 Subject to paragraph 2, every building which immediately before 3rd August 1970 was subject to a building preservation order under section 27 of the Town and Country Planning (Scotland) Act 1947 but was not then included in a list compiled or approved under section 28 of that Act shall be deemed to be a listed building. 2 (1) Historic Environment Scotland may at any time direct that paragraph 1 no longer applies to a particular building. (1A) The Scottish Ministers may direct that paragraph 1 no longer applies to a particular building if the building is referred to in a notice of appeal under section 5B, 18 or 35 relating to the building (whether or not they are requested to do so). (2) The planning authority in whose district the building in respect of which a direction under sub-paragraph (1) or (1A) is given is situated, on being notified of the direction, shall give notice of it to the owner, lessee and occupier of the building. (2A) Where a direction is given under sub-paragraph (1) or (1A), Historic Environment Scotland or (as the case may be) the Scottish Ministers must notify the other. (3) Before giving a direction under sub-paragraph (1) or (1A) in relation to a building, Historic Environment Scotland or (as the case may be) the Scottish Ministers shall consult the planning authority and the owner, lessee and occupier of the building. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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