Search Legislation

The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations 2010

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made).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

Citation and commencement

1.  These Regulations may be cited as the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations 2010 and come into force on 1st February 2011.

Interpretation

2.—(1) In these Regulations—

the Act” means the Town and Country Planning (Scotland) Act 1997;

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; and

“the Hazardous Substances Act” means the Planning (Hazardous Substances) (Scotland) Act 1997.

Classes of appeal for determination by appointed persons – Schedule 4 to the Act

3.  Subject to regulation 6, the classes of appeal prescribed for the purposes of paragraph 1(1) of Schedule 4 to the Act (determination of appeals by appointed person) are appeals under—

(a)section 47(1) of the Act (appeals against planning decisions);

(b)section 47(2) of the Act (appeals in default of planning decisions);

(c)section 47 of the Act as applied by—

(i)an order made under section 160 of the Act (appeals in relation to consent to felling etc of trees subject to a tree preservation order); or

(ii)regulations made under section 182 of the Act (appeals in relation to consent to display of advertisements);

(d)section 75B of the Act (appeals relating to the modification or discharge of planning obligations);

(e)section 75F of the Act (appeals relating to the modification or discharge of good neighbour agreements);

(f)section 130 of the Act (appeals against enforcement notices);

(g)section 130 of the Act as applied by—

(i)regulations made under section 182 of the Act (appeals in relation to enforcement of advertisement controls); or

(ii)regulations made under section 23 of the Hazardous Substances Act (appeals against hazardous substances contravention notices);

(h)section 154(1) of the Act (appeals against refusal of certificate of lawful use or development);

(i)section 169 of the Act (appeals against an enforcement notice requiring the replacement of trees); and

(j)section 180 of the Act (appeals against notices under section 179 of the Act).

Classes of appeal for determination by appointed persons – Schedule 3 to the Listed Buildings Act

4.  The classes of appeal prescribed for the purposes of paragraph 1(1) of Schedule 3 to the Listed Buildings Act (determination of appeals by appointed person) are appeals under—

(a)section 18(1) of the Listed Buildings Act (appeals against refusal of or conditional consent to applications for listed building consent or against refusal of approval required by a condition);

(b)section 18(2) of the Listed Buildings Act (appeals in default of decision on application for listed building consent or for approval required by a condition);

(c)section 18(1) and (2) of the Listed Buildings Act as applied by—

(i)section 17 of that Act (applications for variation or discharge of conditions); or

(ii)section 66 of that Act (control of demolition of buildings in conservation areas);

(d)section 35 of the Listed Buildings Act (appeals against listed building enforcement notices); and

(e)section 35 of the Listed Buildings Act as applied by section 66 of that Act (appeals against enforcement notices in respect of the demolition of buildings in conservation areas).

Classes of appeal for determination by appointed persons – Schedule to the Hazardous Substances Act

5.  The classes of appeal prescribed for the purposes of paragraph 1(1) of the Schedule to the Hazardous Substances Act (determination of appeals by appointed person) are appeals under—

(a)section 19(1) of the Hazardous Substances Act (appeals against refusal of or conditional consent to applications for hazardous substance consent or against refusal of approval required by a condition or against refusal of applications for continuation of consent); and

(b)section 19(2) of the Hazardous Substances Act (appeals in default of decision on application for hazardous substance consent).

Classes of appeal reserved for determination by the Scottish Ministers

6.  The classes of appeal prescribed for the purposes of paragraph 1(2)(a) of Schedule 4 to the Act (appeals which are not to be determined by a person appointed by the Scottish Ministers) are appeals under sections 47 and 130 of the Act by persons who are, or are deemed to be, statutory undertakers for the purposes of section 214 of the Act.

Publicity for directions

7.—(1) As soon as may be after making a direction under—

(a)paragraph 1(2)(b) of Schedule 4 to the Act;

(b)paragraph 1(2)(b) of Schedule 3 to the Listed Buildings Act; or

(c)paragraph 1(2)(b) of the Schedule to the Hazardous Substances Act,

the Scottish Ministers are to send a copy of the direction to every planning authority in respect of which the direction has effect.

(2) The planning authority must as soon as may be after receipt of the copy direction publish a notice in at least one newspaper circulating in the area of the planning authority—

(a)containing a concise statement of the effect of the direction; and

(b)specifying how a copy of the direction may be inspected.

Revocation

8.  The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations 1987(1) and the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Amendment Regulations 1989(2) are revoked.

K BROWN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

21st December 2010

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