The Act – Section by Section Part 3 – Modifications of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 Section 18 – Certificate that building not intended to be listed
72.Section 18 inserts a new section 5A into the 1997 Act enabling Scottish Ministers to issue a certificate that they do not intend to list a building during the five years from the date of the certificate. Any person can apply for such a certificate.
73.Subsection (2)(b) of section 5A states that for that 5 year period a local planning authority may not serve a building preservation notice in relation to the building or affix such a notice under the terms of section 4(1) of the 1979 Act.
74.Subsection (3) requires that a person applying for a certificate must, at the same time, inform the local planning authority within whose district the building is situated of the application.