2009 Yearbook

r e v i e w 25 L i s t e d b u i l d i n g s Statute or Model Policy Score No of LPAs Percentage S14.2 and 59.1 of Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 14.2 In considering whether to grant listed building consent for any works, the planning authority or the Secretary of State, as the case may be, shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. 59.1 In considering whether to grant planning permission for development which affects a listed building or its setting, a planning authority or the Secretary of State, as the case may be, shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. 1 2 6 2 2 6 3 4 12 4 8 24 5 15 44 0 3 9 TOTAL 34 101 SPP23: Model Policy 1 A) Development affecting a listed building, or its setting, shall preserve the building, or its setting, or any features of special architectural or historic interest which it possesses. 1 2 6 2 2 6 3 2 12 4 8 24 5 15 44 0 3 9 TOTAL 34 101 B) The layout, design, materials, scale, siting and use of any development shall be appropriate to the character and appearance of the listed building and its setting. 1 1 3 2 8 24 3 5 15 4 7 21 5 8 24 0 5 15 TOTAL 34 102 SPP23: Model Policy 1A Proposals for the total or substantial demolition of a listed building will only be supported where it is demonstrated beyond reasonable doubt that every effort has been exerted by all concerned to find practical ways of keeping it. This will be demonstrated by inclusion of evidence to the planning authority that the building: 1) has been actively marketed at a reasonable price and for a period reflecting its location, condition and possible viable uses without finding a purchaser; and 2) is incapable of physical repair and reuse through the submission and verification of a thorough structural condition report. 1 0 3 2 9 25 3 3 9 4 4 12 5 9 25 0 9 25 TOTAL 34 96 0 = no policy; 1 = very poor reflection of statute or national policy; 2 = poor reflection but contained elements; 3 = satisfactory, but not fully cohesive or comprehensive; 4 = good with a clear link to national policy; and, 5 = very good, with strong or direct links to statute or policy Analysis of findings Listed buildings, that is: those included on the List of Buildings of Architectural or Historic Interest, are designated by Scottish Ministers through Historic Scotland. The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 provides the statutory basis for listed buildings, and covers a wide range of subjects from designation to regulation to prevention of damage. For the purposes of this analysis, it is the principal regulatory functions that are of interest. There are two main regulatory functions contained within the PLBCAA. The first is listed building consent (LBC), which is found in section 14(2). Second, there are general duties for development affecting a listed building, which are set out in section 59(1). The wording in these is identical and requires that the planning authority or the Scottish Ministers, as the case may be, ‘shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses’. It should be noted that the proposed Model Policy 1(a) (MP1(a)) in the draft SPP on the historic environment contains very similar wording, so the assessment for each is considered to be identical. Thus, in terms of assessment of compliance with the obligations contained in the PLBCAA, three LPAs (9%) have no policy covering the regulation of listed buildings and a further four (12%) have policies that are rated as poor or very poor. In contrast, over two-thirds of all LPAs in Scotland (23, or 68%) have policies that are good or very good. The same figures apply for compliance with Model Policy 1(a) for the reasons noted above. Model Policy 1(b) requires that the design and functions of any development affecting a listed building shall be appropriate to the character of the building. Here, five LPAs (15%) have no policies that reflect MP1(b) and a further nine (27%) have policies that reflect it to a poor or very poor standard. Against this, 15 LPAs (45%) have good or very good policies in this regard. Model Policy 1(a) introduces a policy position for the demolition, either wholly or in part, of a listed building. It establishes criteria for consideration including marketing and structural condition, and presumes against demolition in all cases. A total of nine LPAs (25%) have no development plan policy that reflects