The Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010

Application of Town and Country Planning (Appeals) (Scotland) Regulations 2008

9.—(1) The Town and Country Planning (Appeals) (Scotland) Regulations 2008(1) apply to an appeal under section 75F of the Act as they apply to an appeal under section 47 of the Act with the modifications specified in paragraph (2).

(2) The modifications are—

(a) in regulation 2—

(i) in the definition of “appellant”, for “47, 130, 154, 169 or 180” substitute “75F”;

(ii) after the definition of “appointed person” insert—

““community body” means the community body (within the meaning of section 75D(2) of the Act) which entered into the good neighbour agreement to which the application relates;”;

(iii) for the definition of “interested party” substitute—

““interested party” means, other than where such a person is the applicant—

(a)

the community body;

(b)

the owner of the land to which the obligation in respect of which the application is made relates; and

(c)

any other person against whom the obligation is enforceable;”; and

(iv) for the definition of “period allowed for determination of the application” substitute—

““period allowed for determination of the application” means the period specified in regulation 7(1) of the Town and Country (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010;”;

(b) in regulation 3—

(i) in paragraph (1) for “47” substitute “75F”;

(ii) in paragraph 2(a) for “47(1)” substitute “75F(1)(b); and

(iii) in paragraph 2(b) for “47(2)” substitute “75F(1)(a);

(c) in regulation 4(2) omit paragraphs (c) and (d); and

(d) in regulation 5—

(i) omit paragraph (2); and

(ii) in paragraph (3) for paragraphs (b) and (c) substitute—

“(b) describe the obligation and the good neighbour agreement within which it is contained;”.

(1)

S.S.I. 2008/434 as amended by S.S.I. 2009/220.