The Town and Country Planning (Appeals) (Scotland) Regulations 2008

Service of hearing statements and documents

4.—(1) Where required to do so by notice given by the appointed person, a person entitled to appear at the hearing session must, by such date as is specified in the notice, send to–

(a) the appointed person–

(i) a hearing statement; and

(ii) where that person intends to refer to or rely on any documents when presenting their case a copy of every document (or the relevant part of a document) on the list of such documents comprised in that hearing statement; and

(b) the appellant and the planning authority and to such other persons entitled to appear at the hearing session as the appointed person may specify in such notice–

(i) a hearing statement; and

(ii) where that person intends to refer to or rely on any documents when presenting their case a copy of every document (or the relevant part of a document) on the list comprised in that hearing statement which is not already available for inspection under regulation 6 or 19(2) or paragraph (2) of this rule.

(2) The planning authority are, until such time as the appeal is determined, to afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any hearing statement or other document (or any part thereof) which, or a copy of which, has been sent to them in accordance with this rule.

(3) Any person who has served a hearing statement in accordance with this rule must–

(a) when required by notice in writing from the appointed person provide such further information about the matters contained in the statement as the appointed person may specify; and

(b) at the same time send a copy of such further information to any other person on whom the hearing statement has been served.

(4) Different dates and different persons may be specified for the purposes of paragraph (1).

(5) In this rule, “hearing statement” means, and is comprised of a written statement which outlines the case relating to the specified matters which a person proposes to put forward to a hearing session and–

(a) a list of documents (if any) which the person putting forward such case intends to refer to or rely on; and

(b) a list of any other persons who are to speak at the hearing session in respect of such case, any matters which such persons are particularly to address and any relevant qualifications of such persons to do so.