Commentary on Sections Part 8 – Planning Permission, Listed Buildings and Conservation Areas Section 63 – Relaxation of listed building controls
210.As explained above, the Act will deem planning permission for the Forth Crossing works to have been granted. It is appropriate that all planning issues should be considered at the same time. This section accordingly disapplies a separate statutory requirement to obtain listed building consent so that the Act effectively ensures that all works can progress without the need for additional planning consents which might otherwise impact on the execution of the works.
211.Subsection (1) refers to the Listed Buildings Act which is defined in section 65 as the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9). This is the Act that requires consent (called listed building consent) for works and operations affecting buildings that are listed under the Act as being of special architectural or historic importance. Subsection (1) disapplies section 6 of the Listed Buildings Act in respect of works that are specified in column (3) of schedule 11 to the Act in relation to the listed buildings that are set out in column (1) of the schedule. It is also disapplied in respect of any Forth Crossing works to a building that has been listed after 1 January 2009. Under section 6 works to demolish, alter or extend a listed building are restricted unless authorised. The disapplication of section 6 ensures that the works as specified in schedule 11 to the Act, or Forth Crossing works to a building listed after 1 January 2009, can proceed without the need to acquire listed buildings consent.
212.Subsection (2) ensures that a listed building enforcement notice does not apply where the work required by the notice would be rendered ineffective by Forth Crossing works to the listed building concerned. Under section 38(1) of the Listed Buildings Act the local authority has the power to do the things required by an enforcement notice if the recipient of the notice fails to comply. This subsection also ensures that the local authority cannot take such a step if the same circumstances apply.
213.Subsection (3) prevents the local planning authority from exercising its powers under section 49 of the Listed Buildings Act in relation to those properties listed in schedule 11, or a building listed after 1 January 2009, to carry out urgent preservation works if those works would be rendered ineffective, or substantially ineffective, by the Forth Crossing works.
214.Subsection (4) disapplies section 53 of the Listed Buildings Act in relation to the works specified in column (3) of schedule 11, or Forth Crossing works that may be carried out on a building listed after 1 January 2009. Section 53(1) of the Listed Buildings Act makes it a criminal offence to do or permit anything which causes or is likely to result in damage to a listed building. The works that may be done to a listed building under the Act may amount to damage giving rise to an offence. Section 53(3) provides that section 53(1) does not apply to the execution of works authorised by planning permission or for which listed building consent has been given. As the Act provides for the effective grant of planning permission by virtue of section 62 and the effect of section 63 and the inclusion of schedule 11 is effectively to grant listed building consent for specified works, section 53 of the Listed Building Act ought not to apply to the Forth Crossing works.
215.Subsection (5) applies definitions of “affected listed buildings” and “authorised listed building works” for the purposes of section 63.