Advice and Support

Scheduled monument consent process

Learn about the process we follow to make scheduled monument consent decisions, from pre-application discussions to the right of appeal.

  1. Overview
  2. Pre-application discussions
  3. Application form
  4. Publication of applications for scheduled monument consent
  5. Determination of application
  6. Right of appeal
  7. Conditions attached to a scheduled monument consent

1 Overview

We aim to reach a decision on all applications for scheduled monument consent within eight weeks.

Pre-application discussions can simplify the process and help you to submit a valid application first time.

All scheduled monument consent applications and decision notices are published online. Your personal details and other sensitive information will be removed beforehand.

Consent may be granted with or without conditions, part granted/part refused with or without conditions, or refused. You have the right to appeal to Scottish Ministers.

See how to apply for scheduled monument consent.

Find out more about scheduled monument consent in the documents below.

Download The Scheduled Monument Consent Procedure (Scotland) Regulations 2015 [PDF, 106KB]
Download The Scheduled Monuments (Appeals) (Scotland) Regulations 2015 [PDF, 176KB]
Download the Historic Environment Circular 1

Contact

For more information or if you have any questions, please contact us by telephone on 0131 668 8716 or email us at hmenquiries@hes.scot.

2 Pre-application discussions

We encourage you to get in touch with us early on if you plan to apply for scheduled monument consent.

Pre-application discussions:

  • help to identify the information you must provide to support an application, and when it will be submitted and considered
  • aim to add value at the start of the change management process
  • should improve the quality of the proposal and give you the chance to amend your emerging suggestions
  • will simplify the application process itself

Historic Environment Scotland also offers a pre-application checking service for scheduled monument consent applications.

3 Application form

All applicants must complete our scheduled monument consent application form, and submit this by email.

Find out how to apply for scheduled monument consent.

Historic Environment Scotland offers a free pre-application checking service for scheduled monument consent applications. We can comment on draft applications and let you know if you’ve provided enough information for an application to be valid.

When we receive an application, we first check it to ensure that it includes all the required information. We then issue an acknowledgement.

We can refuse to consider applications for scheduled monument consent where:

  • a similar application has been refused in the previous two years
  • there has been no significant change in any material considerations since the similar application was refused

4 Publication of applications for scheduled monument consent

We make all scheduled monument consent applications and supporting information publicly available online during the application process. This usually happens within five working days of receiving a valid application.

We will remove personal information such as:

  • signatures
  • personal email addresses
  • telephone numbers

You must let us know if there are any other reasons why you believe that a document – or part of a document – you provide us can’t be published.

Visit our Decisions Portal to search for and view applications for scheduled monument consent. We also publish the decision notice and handling report for each application here.

5 Determination of application

We aim to reach a decision on all applications for scheduled monument consent within eight weeks.

Many applications are determined more quickly, and particularly complex applications may take longer. We will contact you to agree a suitable timescale if your application is likely to be delayed.

An application for scheduled monument consent may be:

  • granted
  • granted with conditions
  • part granted/part refused
  • part granted/part refused with conditions
  • refused

Conditions applied can include a condition reserving specified details of the works (whether or not set out in the application) for subsequent approval by Historic Environment Scotland.

Once we have determined an application, we publish the decision notice and handling report online. We will address in the handling report any representations made in relation to the application that were material to its determination.

Visit our Decisions Portal to search for and view decision notices for scheduled monument consent.

6 Right of appeal

You have the right to appeal to Scottish Ministers against:

  • refusal of an application for scheduled monument consent
  • granting an application for scheduled monument consent subject to conditions
  • refusal of an application for variation or discharge of conditions (related to a scheduled monument consent application)
  • granting subject to conditions an application for variation or discharge of conditions (related to a scheduled monument consent application)
  • refusal of an application for subsequent approval required by a condition to which a scheduled monument consent is subject
  • failure to determine scheduled monument consent or variation thereof within a two-month period

To request an appeal form, contact:

The Scottish Government
Planning and Environmental Appeals Division (DPEA)
Hadrian House
Callendar Business Park
Callendar Road
Falkirk
FK1 1XR

Telephone: 0300 244 6668

Email: dpea@gov.scot

You must submit with your completed form full details of the proposed works for which you applied for scheduled monument consent.

7 Conditions attached to a scheduled monument consent

Scheduled monument consent is often granted subject to certain conditions.

Conditions are important as they can limit and control the way in which you can implement the consent. You must be sure that you fully understand any conditions attached to your consent.

Conditions may be ‘suspensive’. This means that the works, or aspects of the works, for which consent has been granted can’t begin until the terms of the suspensive condition have been met.

Other conditions will require the production and submission of specific reports – for example, an archaeological data structure report – after aspects of the works have been completed.

Discharge of conditions

You should apply for a discharge of conditions to receive written confirmation that you’ve complied with a condition (you will need to provide evidence of this).

Alternatively, you may wish to request to vary a condition.

Either way, you should contact us for the relevant application form.

Find out about your right of appeal if your application is refused.

Contact

For more information or if you have any questions, please contact us by telephone on 0131 668 8716 or email us at hmenquiries@hes.scot.

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