scotland's listed buildings and intervention by planning authorities
TRANSCRIPT
SCOTLAND’S LISTED BUILDINGS
&
INTERVENTION BY LOCAL AUTHORITIESUnit 1 Principles of Conservation
Scotland’s Listed Buildings
What is a Listed Building?
A listed building is a building
or structure which has been
officially recognised as having
architectural, historical or
cultural significance.
Picture: Palace of Holyroodhouse, Edinburgh
Which Buildings are Considered?
•Buildings erected before 1840
•Buildings with individual character or quality
•Buildings designed by renowned architects
•Buildings associated with historic events or nationally famous people
Picture: Bute House-Home of First Minister, Edinburgh
Who Decides?
Historic Scotland and Local Planning
Authorities work together to
determine which buildings are
suitable for listing.
Picture: Nelsons Column, Glasgow
Legislation
The legislation which covers Listed
Buildings is called:
The Town and Country Planning
(Listed Buildings and Conservation
Areas) (Scotland) Act 1997
Picture: Tron Steeple, Glasgow
What does Listing Mean to You?
When a building becomes listed, it is
illegal to alter, extend or demolish the
building, internally and externally,
without Listed Building Consent,
issued by the Local Planning
Authority.Picture: Nelsons Monument, Edinburgh
What does Listing Mean to You?
Owners of listed buildings also have
a legal obligation to maintain the
condition of the building. Grants are
often available from Historic Scotland
to assist in the upkeep of such
buildings.Picture: Willow Tearooms, Glasgow
Which Categories Are There?
There are three categories of listed buildings in Scotland:
•Category A
•Category B
•Category C
The classification given to each building identifies which level of protection they receive
Picture: Craigellachie Bridge, Moray
Category A
‘A’ listed buildings are those
considered to be of national or
international importance, either
architectural or historic, or fine-little
altered examples of some particular
period, style or building type.
Source: Guide to the Protection of Scotland’s Listed Buildings
Picture: Wallace Monument, Stirling
Category B
‘B’ Listed buildings are those
considered to have regional or more
than local importance, or major
examples of some particular period,
style or building type which may
have been altered.
Source: Guide to the Protection of Scotland’s Listed Buildings
Picture: Ibrox Stadium, Glasgow
Category C
‘C’ Listed buildings are those
considered to have local importance,
lesser examples of any period style,
or building type, as originally
constructed or moderately altered;
and simple, traditional buildings.
Source: Guide to the Protection of Scotland’s Listed Buildings
Picture: Park Hall, Shetland Islands
How Many Listed Buildings Are There?
There are approximately 47,00 Listed
Buildings in Scotland:
•Category A – 8%
•Category B – 60%
•Category C – 32%
Picture: Airth Castle, Falkirk
Where are the Lists Held?
To find out if a building is listed you
can access the lists by contacting:
•Planning Offices
•Historic Scotland
•Royal Commission of Scheduled and
Ancient Monuments in Scotland
Picture: Crossraguel Abbey, Maybole
Intervention by Planning Authorities
• Published in 1998• Gives guidance on:
– Listed buildings– Intervention by planning
authorities– Conservation areas– Gardens and designed
landscapes– Grants and loans– Appeals, purchase notices and
compensation: the rights of the applicant
Historic Scotland Memorandum
of Guidance
• Where unauthorised alterations or extensions are carried out to a listed building, planning authorities can either prosecute (usually in exceptional cases only) or issue an enforcement notice (more common)
• Where unauthorised alterations or extensions are carried out to a scheduled monument planning authorities cannot issue a listed building enforcement notice. The matter should instead be reported to Historic Scotland
Introduction
Listed Building Enforcement Notices
• Notices are served in writing to the current owner, lessee and occupier of a building
• The notice states:– What unauthorised work has
allegedly been done– The steps required to either
• Restore the building to its former state
• or alleviate the effects of the work carried out without listed building consent
• or to bring the building to the state it would have been in if the terms of listed building consent work had been complied with
Unauthorised works
• Offences include– unauthorised demolition of a
listed building– unauthorised alterations or
extensions that affect the character of the building
• Offenders are liable to up to 24 months imprisonment and / or an unlimited fine on conviction on indictment (for trials held with a jury)
Dangerous Buildings
• Building control authorities may serve a notice requiring the owners of a building to execute works to make safe or to demolish the building because of its dangerous state or other major defect
• However, the owner must still obtain listed building consent (or conservation area consent) for any such works
• If a listed buildings is also a scheduled monument, scheduled monument consent must also be obtained from the Secretary of State
• Works urgently required in the interests of health and safety may be permitted provided that:
– The works are limited to the minimum measures necessary
– Notice in writing, justifying the need for works in detail is given to the Secretary of State
Repair & maintenance
• The preservation of traditional buildings requires their regular maintenance and timely repair.
• Planning authorities can serve repair notices or may compulsorily purchase a listed building if it is being neglected.
Compulsory acquisition
• Listed buildings which are not being properly conserved may be compulsorily purchased
• This does not apply to ecclesiastical buildings in use as such or scheduled ancient monuments
Compensation on compulsory acquisition of listed buildings
• Any person whose building is compulsorily purchased is entitled to compensation
• A planning authority which is satisfied that a listed building has been deliberately allowed to fall into disrepair in order to justify its demolition and the redevelopment of the site can, when making a compulsory purchase order, make a ‘direction for minimum compensation.
• i.e when valuing for compensation it is assumed that neither planning permission nor listed building consent would be given for any works to the building except those for restoring it to a proper state of repair
Further Reading
The following websites and publications offer more detailed advice on the
listing of buildings:
•Guide to the Protection of Scotland’s Listed Buildings – Published by Historic Scotland
2006
•The Town and Country Planning (Listed Buildings and Conservation Areas)
(Scotland) Act 1997
•http://en.wikipedia.org/wiki/Listed_building
•http://www.historic-scotland.gov.uk/index/historicbuildings.htm