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The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008

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Notice of Review

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9.  (1)  An applicant may require the local review body to review a case under section 43A(8) by giving notice in writing in accordance with this regulation.

(2) The notice of review must be served on the local review body within the period of three months beginning with, in the case of a requirement arising by virtue of–

(a)section 43A(8)(a) or (b) of the Act, the date of the notice of the decision to which the review relates;

(b)section 43(8)(c) of the Act, the date of expiry of the period allowed for determination of the application.

(3) The notice of review (on a form obtained from the planning authority) must include–

(a)the name and address of the applicant;

(b)the date and the reference number of the application in respect of which the review is required;

(c)the name and address of the representative of the applicant (if any) and whether any notice or other correspondence which is required by these Regulations to be sent to the applicant should be sent to the representative instead of the applicant; and

(d)a statement setting out the applicant’s reasons for requiring the local review body to review the case and by what procedure (or combination of procedures) mentioned in regulation 13(4) the applicant wishes the review to be conducted.

(4) Subject to paragraph (5)–

(a)all matters which the applicant intends to raise in the review must be set out in or accompany the notice of review; and

(b)all documents, materials and evidence which the applicant intends to rely on in the review must accompany the notice of review.

(5) In addition to matters set out in the notice of review and documents which accompany the notice of review, the applicant may raise matters and submit further documents, materials or evidence only in accordance with and to the extent permitted by regulation 15 and the Hearing Session Rules.

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