The Historic Environment enjoys special legal protection under the Planning System. This prevents them being demolished or changed in ways that would affect their special architectural or historic interest.

Unlike most planning control issues it is automatically a criminal offence to breach the protection offered by listing. This does not rule out change though provided listed building consent is obtained.

We have an intimate knowledge of the laws affecting listed buildings and Conservation Areas. The laws advise you on how to achieve change and stay within the law.

Listed buildings are placed in three categories:

• Category A: national or international importance
• Category B: regional or more than local significance
• Category C(S): locally important

Applications for listed building consent go to the local authority which may consult Historic Scotland. Local authorities can create Conservation Areas. 

Decisions on planning applications in Conservation Areas must pay special attention to preserving or enhancing their character or appearance. Buildings in a Conservation Area cannot be demolished without Conservation Area consent. 

Local authorities can secure additional powers in Conservation Areas by making an Article 4 Direction which removes permitted rights for minor development.

Whatever the issue our team provides all the practical advice you need to these issues.

For more information please contact Alastair McKie.