Search Legislation

The Town and Country Planning (Application of Subordinate Legislation to the Crown) (Inquiries Procedure) (Scotland) Order 2006

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 2

SCHEDULE 1MODIFICATIONS TO THE TOWN AND COUNTRY PLANNING (INQUIRIES PROCEDURE) (SCOTLAND) RULES 1997

This schedule has no associated Executive Note

Rule 2A

SCHEDULE

PART 1MODIFICATIONS WHERE NATIONAL SECURITY DIRECTION GIVEN

Interpretation

1.  In rule 3(1)–

(a)after the definition of “the application” insert–

“appointed representative” means a person (who is also a specified person) to represent the interests of any party to the inquiry, under or by virtue of–

(i)

section 265A of the Act(1)(planning inquiries to be held in public subject to certain exceptions);

(ii)

paragraph 6(7) of Schedule 3 to the Listed Building Act(2)(determination of certain appeals by person appointed by the Scottish Ministers); or

(iii)

paragraph 6(7) of the Schedule to the Hazardous Substances Act(3)(determination of certain appeals by person appointed by the Scottish Ministers);;

(b)after the definition of “assessor” insert–

“closed evidence” means evidence which is subject to a security direction;;

(c)after the definition of “listed building consent” insert–

“open outline statement” means such part (if any) of an outline statement as does not include or refer to closed evidence;

“open statement of case” means such part (if any) of a statement of case as does not include or refer to closed evidence;;

(d)after the definition of “reporter” insert–

“security direction” means a direction given under section 265A(3) of the Act;

“specified person” means a person specified in, or a person of such description as is specified in, a security direction as being entitled to hear or inspect closed evidence;.

2.  After rule 3A insert–

3B.(1) Where any rule requires or permits an outline statement or a statement of case to be served on any party (other than the Scottish Ministers or an appointed representative), then where such outline statement contains or makes reference to any closed evidence that rule shall be read as requiring, or permitting, the service of an open outline statement or open statement of case, as the case may be, rather than an outline statement or a statement of case.

(2) Paragraph (1) applies to an amended or additional statement of case in the same manner as to a statement of case.

(3) Paragraph (1) applies to rules 10A and 13 with the modification that references to service of a statement of case shall include a reference to inspection of a statement of case..

Preliminary information and notice

3.  In rule 4–

(a)in paragraph (2) after “applicant” insert, “any appointed representative”;

(b)after paragraph (2) insert–

(2A) Where a security direction has been made prior to service of the relevant notice the Scottish Ministers shall give notice of the making of the security direction when serving the relevant notice.

(2B) Where a security direction is made after the service of the relevant notice the Scottish Ministers shall, as soon as practicable after receiving notice of the making of the direction, give notice of the making of the direction to any person known at that date to be entitled to appear at the inquiry..

Procedure where the Scottish Ministers cause a pre-inquiry meeting to be held

4.  In rule 5–

(a)after paragraph (6) insert–

(6A) The Scottish Ministers shall, as soon as practicable after receipt, send to any appointed representative any outline statement received in accordance with paragraph (3) or (5).;

(b)after paragraph (10) insert–

(10A) Where closed evidence is to be discussed or considered at a pre-inquiry meeting then while closed evidence is being discussed or considered–

(a)attendance at the meeting, shall be restricted to specified persons;

(b)the notice given by the Scottish Ministers pursuant to paragraph (8) shall state while closed evidence is being discussed that attendance at the pre-inquiry meeting is restricted to specified persons; and

(c)in paragraph (11) for “paragraph (10)” substitute “paragraphs (10) and (10A)..

Further power of reporter to hold pre-inquiry meetings

5.  In rule 6 after paragraph (3) insert–

(4) The Scottish Ministers shall, as soon as practicable after receipt, send to a appointed representative any outline statement received in accordance with paragraph (3)(a).

(5) Where closed evidence is to be discussed at a pre-inquiry meeting held under paragraph (1) of this rule–

(a)attendance at the meeting, or part of the meeting, shall be restricted to specified persons; and

(b)the notice given by the reporter under paragraph (2) shall state while closed evidence is being discussed that attendance at the pre-inquiry meeting is restricted to specified persons..

Service of statement of case – planning authority

6.  In rule 7(1) after “the applicant” insert, “, any appointed representative”.

Service of statement of case – applicant

7.  In rule 8(1) after “planning authority” insert, “, any appointed representative”.

Service of statements of case – other persons

8.  In rule 9(1) after “planning authority” insert, “, any appointed representative”.

Precognitions

9.  In rule 12–

(a)in paragraph (1) for “A person” substitute “Subject to paragraph (1A), a person”; and

(b)after paragraph (1) insert–

(1A) Paragraph (1B) applies where the precognition includes or refers to closed evidence.

(1B) Where this paragraph applies, any person entitled to appear at an inquiry, who proposes to give, or to call another person to give evidence at the inquiry by reference to a precognition, shall–

(a)send to the Scottish Ministers 2 copies, in the case of the planning authority and the applicant, or 3 copies in the case of any other person, of–

(i)the precognition including closed evidence together with any written summary of it;

(ii)the precognition not including or referring to closed evidence (“the open precognition) together with any written summary of it; and

(b)simultaneously send copies of the open precognition and any written summary of it to any statutory party,

and the Scottish Ministers shall, as soon as practicable after receipt, send a copy of each open precognition together with any written summary of it to the planning authority and the applicant and send a copy of each precognition including closed evidence to any appointed representative.;

(c)in paragraph (4) after “applicant” insert “, any appointed representative”; and

(d)in paragraph (5) after “paragraph (1)” insert “or (1B)”.

Service of statements of case, documents and precognitions

10.  In rule 13(4) after sub-paragraph (b) insert,

(ba)any appointed representative.

Date and notification of inquiry

11.  In rule 15(3) after sub-paragraph (ba) insert,

(bb)any appointed representative.

Appearances at inquiry

12.  In rule 16(1) after sub-paragraph (a) insert–

(aa)any appointed representative..

Procedure at inquiry

13.  In rule 19(4) after “the applicant” insert, “any appointed representative”.

Site inspections

14.  In rule 20–

(a)in paragraph (1) for “The reporter” substitute “Subject to paragraph (1A), the reporter”;

(b)after paragraph (1) insert–

(1A) Paragraph (1) does not apply where a site inspection will involve inspection of closed evidence;;

(c)after paragraph (2) insert–

(2A) Where an accompanied site inspection will involve the inspection of closed evidence, paragraph (2) does not apply and the reporter–

(a)may inspect the land in the company of the applicant and the appointed representative, where one has been appointed; and

(b)shall make such an inspection if so requested by the applicant or the appointed representative before or during an inquiry..

Procedure after inquiry

15.  In rule 21–

(a)after paragraph (3) insert–

(3A) Where closed evidence was considered at the inquiry–

(a)the reporter and assessor, where one has been appointed, shall set out in a separate part (“the closed part”) of their reports any description of that evidence together with any conclusions or recommendations in relation to that evidence; and

(b)where an assessor has been appointed, the reporter shall append the closed part of the assessor’s report to the closed part of his own report made in accordance with paragraph (2) and shall state in the closed part of his own report how far he agrees or disagrees with the closed part of the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.;

(b)at the beginning of paragraph (4) insert “Subject to paragraph (4A), ”;

(c)after paragraph (4) insert–

(4A) Where the Scottish Ministers differ from the reporter on any matter of fact mentioned in, or appearing to them to be material to, a conclusion reached by the reporter in relation to a matter in respect of which closed evidence has been given, the notification referred to in paragraph (4) shall include the reasons for the Scottish Ministers' disagreement unless–

(a)the notification is addressed to a person who is not a specified person; and

(b)inclusion of the reasons would disclose (directly or indirectly) any part of the closed evidence..

Notification of decision

16.  In rule 22–

(a)in paragraph (1) at the beginning insert, “Subject to paragraph (1B),”;

(b)after paragraph (1A) insert–

(1B) Where the Scottish Ministers' reasons for a decision relate to matters in respect of which closed evidence has been given, nothing in paragraph (1) requires the Scottish Ministers to notify those reasons to any person other than a specified person.;

(c)in paragraph (2) for “Where a copy” substitute “Subject to paragraph (2A), where a copy”; and

(d)after paragraph (2) insert–

(2A) Nothing in paragraph (2) requires the disclosure of the closed part of the reporter’s report referred to in rule 21(3A) to a person other than a specified person..

Closed evidence not to be disclosed

17.  After rule 22 insert–

Closed evidence not to be disclosed

22A.  Nothing in these Rules shall be taken to require or permit closed evidence to be disclosed to a person other than–

(a)the Scottish Ministers; or

(b)a specified person..

PART 2MODIFICATIONS FOR URGENT CROWN DEVELOPMENT OR URGENT WORKS AFFECTING CROWN LAND

Application of Rules

1.  In rule 2(1) after “application” insert, “made or”.

Preliminary information to be supplied – application for urgent Crown development

2.  For rule 4 substitute–

4.(1) Where–

(a)an application for planning permission is made to the Scottish Ministers under section 242A of the Act, and

(b)the Scottish Ministers determine that an inquiry is to be held,

the Scottish Ministers shall give written notice to that effect (“the relevant notice”) to the planning authority, the applicant, any appointed representative and to any statutory party.

(2) The Scottish Ministers shall, as soon as practicable after the date of the relevant notice, inform the planning authority and the applicant in writing of the name and address of any statutory party who has made representations to them.

(3) Where any government department or local authority have expressed in writing to the Scottish Ministers the view that the application should–

(i)not be granted either wholly or in part; or

(ii)should be granted, or granted only subject to conditions,

the Scottish Ministers shall inform the government department or local authority concerned, as the case may be, that such expression of view is relevant to the application and the government department or local authority, as the case may be, shall (unless they have already done so) thereupon furnish to the Scottish Ministers a statement in writing of the reasons for the expression of view..

Procedure where Scottish Ministers cause a pre-inquiry meeting to be held

3.  In rule 5–

(a)in paragraph (3) for “8” substitute “6”;

(b)in paragraph (5) for “4” substitute “3”;

(c)in paragraph (7) for “16” substitute “10”; and

(d)in paragraph (8) for “3” substitute “2”.

Service of statements of case – planning authority

4.  In rule 7–

(a)in paragraph (1)(a) for “8” substitute “4”; and

(b)in paragraph (1)(b) for “4” substitute “3”.

(c)in paragraph (1) for “not later than 4 weeks”, substitute, “not later than 2 weeks”.

Service of statements of case – applicant

5.  In rule 8–

(a)in paragraph (1)(a) for “8” substitute “4”;

(b)in paragraph (1)(b) for “4” substitute “3” and

(c)in paragraph (1) for “not later than 4 weeks” substitute, “not later than 2 weeks”.

Service of statements of case – other persons

6.  In rule 9–

(a)in paragraph (1)(a) for “within 4 weeks” substitute “within 3 weeks”; and

(b)in paragraph (1) for “not later than 4 weeks” substitute, “not later than 2 weeks”.

Service of statements of case, documents and precognitions

7.  In rule 13(4) for “4” substitute “3”.

Date and notification of inquiry

8.  In rule 15–

(a)in paragraph (1)(a) for “24” substitute “14”;

(b)in paragraph (1)(b) for “8” substitute “6”; and

(c)in paragraph (6)–

(i)omit “require the planning authority to”;

(ii)in sub-paragraph (a) for “to publish” substitute, “publish”;

(iii)in each of sub-paragraphs (b) and (c) omit “to” where it first occurs.

(1)

1997 c. 8. Section 265A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), section 91(1).

(2)

1997 c. 9. Schedule 3 was amended by the 2004 Act, section 91(2).

(3)

1997 c. 10. Schedule 3 was amended by the 2004 Act, section 91(3).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources