The Town and Country Planning (Appeals) (Scotland) Regulations 2008

PART 7 General

Further copies of documents etc

19.—(1) The appointed person may require any person who has submitted documents, materials or evidence under these Regulations in connection with the appeal to–

(a) provide to the appointed person such number of additional copies of such of those documents, materials or evidence as the appointed person may specify;

(b) provide to such other persons as the appointed person may specify such copies or additional copies of any document, materials or evidence as the appointed person may specify.

(2) The appointed person may require the planning authority to make copies of such documents, materials or evidence as the appointed person may specify available for inspection at an office of that planning authority until such time as the appeal is determined and to afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any such documents, materials or evidence (or any part thereof) which, or a copy of which, has been sent to the planning authority in accordance with this regulation.

Compliance with development management procedures

20.  The appointed person must, to the extent not already done so by the planning authority comply with regulations 18 (notification by the planning authority), 19 (notification of minerals applications), 20 (publication by the planning authority) and 25 (consultation by the planning authority) of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008(1) before determining the appeal.

Appointment of assessor

21.—(1) The Scottish Ministers may appoint a person to sit with the appointed person at a hearing session or inquiry session to advise the appointed person on such matters arising as the Scottish Ministers may specify (“an assessor”) and where they do so they are to notify every person entitled to appear at the inquiry session or hearing session, as the case may be, of the name of the assessor and of the matters on which the assessor is to advise the appointed person.

(2) Where an assessor has been appointed, the assessor may (and if so required by the appointed person, must), after the close of the hearing session or inquiry session, make a report in writing to the appointed person in respect of the matters on which the assessor was appointed to advise.

Decision notice

22.  The appointed person must–

(a) give notice of the decision to the appellant and to the planning authority; and

(b) notify every person who has made (and did not subsequently withdraw) representations in respect of the appeal that a decision on the appeal has been made and where a copy of the notice of the decision is available for inspection.

Electronic communications

23.—(1) Where the criteria in paragraph (2) are met, any document required or authorised to be sent by these Regulations may be sent by electronic communications and any requirement in these Regulations that any document is to be in writing is fulfilled.

(2) The criteria are–

(a) the recipient consents, or is deemed to have agreed under paragraph (3), to receive it electronically; and

(b) that the document transmitted by the electronic communication is–

(i) capable of being accessed by the recipient;

(ii) legible in all material respects; and

(iii) sufficiently permanent to be used for subsequent reference.

(3) Any person sending a document using electronic communications is to be taken to have agreed–

(a) to the use of such communications for all purposes relating to the appeal 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, that communication.

(4) Deemed agreement under paragraph (3) shall subsist until that person gives notice to revoke the agreement.

(5) Notice of withdrawal of consent to the use of electronic communications or of revocation of agreement under paragraph (4) takes effect on a date specified by the person in the notice, but not less than seven days after the date on which the notice is given.

(6) In this regulation–

• “address” includes any number or address used for the purpose of such communications or storage;

• “document” includes any notice, consent, agreement, decision, representation, statement, report or other information or communication;

• “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000(2);

• “legible in all material respects” means that the information contained in the document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form; and

• “sent” includes served, submitted or given and cognate expressions are to be construed accordingly.

(1)

S.S.I. 2008/432.

(2)

2000 c. 7. Section 15 was amended by the Communications Act 2003 (c. 21), Schedule 17, paragraph 158.