The Town and Country Planning (Electronic Communications) (Scotland) Order 2004

3.  After regulation 8 (appeals), insert–

“Use of electronic communications

8A.— (1) Paragraphs (2) and (3) apply where an electronic communication is used for the purpose of making an application–

(a) under regulation 3, for listed building consent or conservation area consent; or

(b) under regulation 4, for the variation or discharge of conditions attached to a listed building consent or conservation area consent.

(2) Paragraph (1) of regulation 3 or, as the case may be, of regulation 4 shall apply as if for “two further copies of the form,” there were substituted “any related”.

(3) The reference to paragraph (3) of regulation 3 to the date when the form and certificate were lodged with the planning authority shall be construed in accordance with regulation 2A(5) above.

(4) In a case to which this paragraph applies, and except where a contrary intention appears, a person making an application, appeal or claim or giving or serving the notice using electronic communications shall be deemed to have agreed–

(a) to the use of such communications for all purposes relating to the application, appeal, claim or notice, as the case may be, which are capable of being carried out electronically;

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application, appeal, claim or notice; and

(c) that the person’s deemed agreement under this paragraph shall subsist until the person gives notice in writing that the person wishes to revoke the agreement, and such withdrawal or revocation shall be final, and shall take effect on a date specified by the person in the notice, being a date occurring after the period of seven days, beginning with the date on which the notice is given.”.