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swizz
Joined: 13 Jun 2008 Posts: 4
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Posted: Mon Jun 16, 2008 1:26 pm Post subject: Adding new names to old memorials |
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Further to another thread in this section of the Forum on adding the names of Iraq and Afghanistan casualties to existing local war memorials, I was wondering whether 'listing' is an an issue when these added names are discussed?
Obviously if a memorial is listed, alterations are supposed to require consent - this would apply to buildings too. But I wondered whether anyone here knew if a memorial being listed had caused a problem in adding the name of a more recent casualty (e.g. Iraq, Afghanistan, Gulf Wars, NI) to an existing memorial?
Swizz |
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kinnethmont
Joined: 19 Dec 2006 Posts: 1649 Location: Aberdeenshire
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Posted: Mon Jun 16, 2008 5:40 pm Post subject: |
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Hi Swizz
There are two subjects involved in you question.
Adding names will be depend on who actually own the memorial, or in reality, the ground upon which it stands as their consent will be required. They may, or may not, have a policy for adding names.
In some cases the Local Authority may have Title in, or ownership of, the memorial vested in them. That failing, they alone will have no authority over the memorial. The Council may have powers to maintain and protect a memorial but it is legally debatable whether this power under the 1948 Act extends to appending names. The general view is, they do not.
As you point of, Listed Building Consent will be required if the memorial is Listed. If it is "B " or higher Listed the decision rests with Historic Scotland / Scottish Ministers. It is a very serious matter to make alterations without consent. _________________ Jim
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.
www.kinnethmont.co.uk |
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