Powers And Legislation
Through the Planning and Listed Building (Scotland) Act 1997, Angus Council has legislative powers which can be used in protecting listed buildings within the area. We have a statutory duty to protect these buildings. To enable us to carry this out we have a number of powers which we can use. These include:
- Repairs Notices
This can be served under Section (43) of the above Act. It details works to be carried out to preserve the building in a proper state of repair. If the work is not carried out then it can lead to the compulsory purchase of the building. - Amenity Notices
Wasteland Amenity Notices can be served on buildings and areas where there is concern of the state of the building. Examples of this are where the windows or façade of a building are not being maintained and further decay could lead to the requirement of another form of action, either a repairs notice or urgent works notice. This type of notice has been served on buildings in Angus in recent years and requires the owner to carry out the required works to the building. - Urgent Works Notice
This is served under Section (49) of the Act and allows works to be done with a minimum of 7 days notice by the Local Authority. This is usually done when urgent work is required to ensure that the building is wind and water tight. It can only be carried out on unoccupied parts of a building. The cost of the works can be re-couped from the owner under Section (50). - Compulsory Acquisition of a Building in Need of Repair (Compulsory Purchase Orders)
This is done when a building is deemed to be in need of repair and that the works stated in a repairs notice have not been carried out. This can then lead to the building being compulsory acquired by the local authority and then sold to a new owner who will undertake the necessary repairs as part a purchase agreement. This type of procedure was undertaken at Balintore Castle in 2006 and the building is currently being restored and repaired by the new owner.
Policy and Guidance
- Planning, Listed Building and Conservation Area (Scotland) Act 1997
- Angus Local Plan Review (2009)
- Dundee and Angus Structure Plan
- Shopfronts and Signs in Conservation Areas (365 KB PDF)
- Listed Buildings and Conservation Areas (202 KB PDF)
- Repair to Sandstone Walls (266 KB PDF)
- The Memorandum of Guidance was removed from circulation at the end of March 2009 and is being replaced with a series of Technical Guidance Notes. These are available to view on the Historic Scotland Website and include; Intervention by Planning Authorities; Appeals, Purchase Notices and Compensation: the rights of the applicant; and Guidelines for the Detailed Consideration of Listed Building and Conservation Area Consent Cases.