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

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Article 3

SCHEDULE 2MODIFICATIONS TO THE TOWN AND COUNTRY PLANNING APPEALS (DETERMINATION BY APPOINTED PERSON) (INQUIRIES PROCEDURE) (SCOTLAND) RULES 1997

This schedule has no associated Executive Note

Rule 2A

SCHEDULEMODIFICATIONS 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 Buildings 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 “relevant person” 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 12 with the modification that references to service shall include a reference to inspection of a statement of case..

Preliminary information and notice

3.  In rule 4–

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

(b)after paragraph 2 insert–

(2A) Where the appointed person has been notified that a security direction has been made prior to service of the relevant notice, the appointed person 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..

Pre-inquiry meetings

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

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

(5) Where a 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

5.  In rule 7(1) after “appellant” insert, “, any appointed representative”.

Service of statements of case – applicant

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

Service of statements of case – other persons

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

Precognitions

8.  In rule 11–

(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 appointed person 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 appointed person 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 “appellant” insert “, any appointed representative”; and

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

Service of statements of case, documents and precognitions

9.  In rule 12(4) after sub-paragraph (b) insert, “(ba) any appointed representative”.

Date and notification of inquiry

10.  In rule 14(3) after sub-paragraph (ba) insert,

(bb)any appointed representative.

Appearances at inquiry

11.  In rule 15(1) after sub-paragraph (a) insert,

(aa)any appointed representative..

Procedure at inquiry

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

Site inspections

13.  In rule 20–

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

(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 appointed person–

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

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

Procedure after inquiry

14.  In rule 21 after paragraph (3) insert–

(4) Where closed evidence was considered at the inquiry the assessor, where one has been appointed, if making a report shall set out in a separate part (“the closed part”) of the report any matters which relate to that evidence..

Notification of decision

15.  In rule 22–

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

(b)after paragraph (1A) insert–

(1B) Where the appointed person’s reasons for a decision relate to matters in respect of which closed evidence has been given, nothing in paragraph (1) requires notification of those reasons to any person other than a specified person..

Closed evidence not to be disclosed

16.  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..

(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).

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