Development proposals and designation

The legislation that sets out what can be designated is brief. It allows us to designate regardless of other factors such as development proposals. However, in carrying out designation work, we will act proportionately in line with the Scottish Regulators’ Strategic Code of Practice. This code expects that the functions we fulfil are transparent, accountable, consistent, proportionate and targeted where needed.

In practice, this means that we normally avoid intervening unnecessarily in the planning process or other regulatory processes where there are development proposals by adding a new designation. This may also extend to reviewing existing designations.

We consider the individual circumstances of each case.

In deciding whether to designate a site or place or amend an existing designation while there are ongoing development proposals, appeals or enforcement, we will consider:

• the implications of designation on development proposals

• the effect of the proposed development on the significance of the site or place

• the extent to which plans have been developed for the site or place – where these are particularly advanced, we will not normally list or schedule

Our approach with the inventories of gardens and designed landscapes and historic battlefields may differ from listing and scheduling because of the typically large-scale nature of these landscapes, and their status in the planning system.

Where it is highly likely that the site or place no longer meets the designation criteria, we may consider removing the designation to avoid unnecessary regulatory processes. We might do this even where there are unresolved development or enforcement issues.

We encourage early engagement with the designation process. We welcome requests from planning authorities and interested parties before development proposals are advanced.

We review the following:

• Undesignated sites – if a site or place is not designated, it does not necessarily mean that it does not merit designation. Many sites or places have not been assessed, recently or otherwise, and this should be taken into account.

• Existing designations – if an existing designation has not been reviewed for some time or appears to no longer meet the criteria, we may review it. This is particularly useful before development or enforcement action is proposed. Where we review designated sites and places and find they no longer meet the designation criteria, these designations will be removed.

In urgent cases, planning authorities may consider serving a Building Preservation Notice (BPN) if it appears to them that a building is of special architectural or historic interest and is in danger of demolition or alteration which would affect its character. This is a form of temporary listing. Once a BPN has been served we have six months to assess the building for listing. We may list a building in these circumstances even if there are development proposals at an advanced stage.