Search Legislation

The Town and Country Planning (Appeals) (Scotland) Amendment Regulations 2011

 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This is the original version (as it was originally made).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.

Citation and commencement

1.  These Regulations may be cited as the Town and Country Planning (Appeals) (Scotland) Amendment Regulations 2011 and come into force on 1st December 2011.

Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2008

2.  The Town and Country Planning (Appeals) (Scotland) Regulations 2008(1) are amended in accordance with regulations 3 to 12.

Amendment of regulation 1 (citation, commencement and application)

3.  In regulation 1 (citation, commencement and application)—

(a)after paragraph (2) insert—

(2A) These Regulations apply as specified in paragraph (5) to appeals made 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),

where notice of appeal is given to the Scottish Ministers under section 19(1) or 35(2) of the Listed Buildings Act, as the case may be, on or after 1st December 2011..

(b)for paragraph (3)(b) substitute—

(b)apply to appeals under sections 130, 169 and 180 of the Act in accordance with regulation 13(5);; and

(c)after paragraph (4) insert—

(5) These Regulations apply—

(a)to a delegated appeal under section 18 of the Listed Buildings Act in accordance with regulation 15A(4);

(b)to an appeal under section 35 of the Listed Buildings Act in accordance with regulation 13(5); and

(c)to a non-delegated appeal in accordance with regulation 18.

(6) These Regulations apply in accordance with regulation 17 to applications referred to the Scottish Ministers following a direction under section 11(1) (reference of certain applications to the Scottish Ministers) of the Listed Buildings Act given on or after 1st December 2011..

Amendment of regulation 2 (interpretation)

4.  In regulation 2 (interpretation)—

(a)in the definition of “appellant” after “Act” insert “or section 19 or 35 of the Listed Buildings Act”;

(b)in the definition of “appointed person” after “Act” insert “or paragraph 1 of Schedule 3 to the Listed Buildings Act”;

(c)in the definition of “delegated appeal” after “Act” insert “or Schedule 3 to the Listed Buildings Act”;

(d)for the definition of “inquiry session” substitute—

“inquiry session” means a local inquiry held or to be held under—

(a)

section 265 of the Act;

(b)

section 265 of the Act as applied by section 79(1) of the Listed Buildings Act;

(c)

paragraph 6 of Schedule 4 to the Act; or

(d)

paragraph 6 of Schedule 3 to the Listed Buildings Act,

into matters specified in a procedure notice given under rule 1(1) of the Inquiry Session Rules;;;

(e)in the definition of “interested party”—

(i)omit “and” after paragraph (a)(ii);

(ii)in paragraph (b) after “Act” insert “or section 35 of the Listed Buildings Act”; and

(iii)after paragraph (b) insert—

and

(c)in the case of an appeal under section 18 of the Listed Buildings Act any authority or person from whom the planning authority received representations (which were not subsequently withdrawn) in connection with the application;;

(f)after the definition of “interested party” insert—

“Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(2);;

(g)in the definition of “non-delegated appeal” for “of paragraph 1(2) of Schedule 4 to the Act” substitute “paragraph 1(2) of Schedule 4 to the Act or paragraph 1(2) of Schedule 3 to the Listed Buildings Act”;

(h)for the definition of “period allowed for determination of the application” substitute—

“period allowed for determination of the application” is, in the case of an appeal made under—

(a)

section 47(2) of the Act, the period prescribed under regulation 3(1A) in respect of the application;

(b)

section 154(1)(b) of the Act, the period prescribed under regulation 16(1A) in respect of the application;

(c)

section 18(2) of the Listed Buildings Act—

(i)

in respect of an application mentioned in section 18(1)(a) or (b) of the Listed Buildings Act, the relevant period prescribed under regulation 15A(2); and

(ii)

in respect of an application mentioned in section 18(1)(c) of the Listed Buildings Act, the relevant period within the meaning of section 18(3)(b)(3) of that Act,

or such extended period as may be agreed in writing between the applicant and the planning authority under section 47(2) or 154(1)(b) of the Act or section 18(2) of the Listed Buildings Act, as the case may be;;

(i)in the definition of “recalled appeal” after “Act” insert “or paragraph 3(1) of Schedule 3 to the Listed Buildings Act”; and

(j)after the definition of “specified matters” insert—

“validation date” has the same meaning as in the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008(4)..

Amendment of regulation 3 (notice of appeal)

5.  After regulation 3(1) (notice of appeal) insert—

(1A) The period prescribed for the purposes of section 47(2) of the Act is—

(a)in the case of an application for planning permission for development within the category of national developments or major developments, the period of four months after the validation date; and

(b)in any other case, the period of two months after the validation date..

Amendment of regulation 13 (statement of appeal)

6.  In regulation 13 (statement of appeal)—

(a)in paragraph (1) after “Act” insert “or section 35(2) of the Listed Buildings Act”;

(b)in paragraph (1A) after “Act” insert “or section 35(4)(a) of the Listed Buildings Act, as the case may be”; and

(c)after paragraph (4) insert—

(5) The following provisions apply in relation to an appeal under sections 130, 169 and 180 of the Act and an appeal under section 35 of the Listed Buildings Act—

(a)this Part and Parts 1, 3, 7 (other than regulation 20) and 8; and

(b)the Hearing Session Rules and the Inquiry Session Rules..

Amendment of regulation 15 (notification to other parties)

7.  In regulation 15(1) (notification to other parties) after “enforcement notice” insert “, listed building enforcement notice”.

Appeals under section 18 of the Listed Buildings Act

8.  After regulation 15 insert—

PART 4AAppeals under section 18 of the Listed Buildings Act

Notice of appeal

15A.(1) An appeal to the Scottish Ministers 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),

is to be made by giving notice in writing in accordance with this regulation.

(2) In relation to an application mentioned in section 18(1)(a) or (b) of the Listed Buildings Act the relevant period prescribed for the purposes of section 18(3)(a) of the Listed Buildings Act is the period of two months from the date of receipt of the application by the planning authority.

(3) Subject to regulation 24, the notice of appeal must be served on the Scottish Ministers within the period of three months beginning with, in the case of an appeal made by virtue of—

(a)section 18(1) of the Listed Buildings Act, the date of the decision notice; and

(b)section 18(2) of the Listed Buildings Act, the date of expiry of the period allowed for determination of the application.

(4) In relation to an appeal made under section 18 of the Listed Buildings Act—

(a)this Part and Parts 1, 3, 7 (other than regulation 20) and 8, the Hearing Session Rules and the Inquiry Session Rules apply; and

(b)the following provisions of Part 2 apply as they apply to an appeal made under section 47 of the Act—

(i)regulation 3(3) to (5);

(ii)regulation 4 other than paragraph (2)(c); and

(iii)regulations 5 and 6.

(5) An appeal under section 18 of the Listed Buildings Act is not to be entertained by the Scottish Ministers unless it is accompanied by a certificate required under regulation 15B.

Notice to owners

15B.(1) The appellant is to give notice in the form set out in Part 1 of Schedule 3 to any person (other than the appellant) who at the beginning of the prescribed period is the owner of the building to which the appeal relates.

(2) Where the appellant is unable to give notice to every person (other than the appellant) who at the beginning of the prescribed period was the owner of the building to which the appeal relates, the appellant must publish a notice in a local newspaper circulating in the locality in which the building is situated.

(3) Notice under paragraph (2) is to—

(a)be in the form set out in Part 2 of Schedule 3; and

(b)be published before the beginning of the prescribed period.

(4) The appellant must issue a certificate stating, as appropriate—

(a)that at the beginning of the prescribed period no person (other than the appellant) was the owner of the building to which the appeal relates;

(b)that the appellant has given notice to every person (other than the appellant) who at the beginning of the prescribed period was the owner of the building to which the appeal relates; or

(c)that the appellant is unable to give notice to every such person.

(5) A certificate issued—

(a)under paragraph (4)(b) or (c) must set out the name of every person to whom notice was given and the address at and date on which such notice was given;

(b)under paragraph (4)(c) must certify that—

(i)the appellant has taken reasonable steps (specifying them) to ascertain the names and addresses of those persons to whom the applicant has been unable to give notice; and

(ii)that a notice has been published in accordance with paragraph (2) (specifying the date and place of publication).

(6) In this regulation, “prescribed period” means the period of 21 days ending with the date on which notice of appeal is given to the Scottish Ministers under section 19(1) of the Listed Buildings Act..

Amendment of regulation 16 (appeals under section 154 of the Act)

9.  In regulation 16 (appeals under section 154 of the Act)—

(a)after paragraph (1) insert—

(1A) In relation to an application for a certificate under section 150 or 151 of the Act the period prescribed for the purposes of section 154(1)(b) of the Act is the period of two months beginning with the date of receipt by the planning authority of the application and any fee required to be paid in respect of the application.; and

(b)for paragraph (3) substitute—

(3) In relation to an appeal made under section 154(1) of the Act—

(a)this Part and Parts 1, 3, 7 (other than regulation 20) and 8, the Hearing Session Rules and the Inquiry Session Rules apply; and

(b)the following provisions of Part 2 apply as they apply to an appeal made under section 47 of the Act—

(i)regulation 3(3) to (5);

(ii)regulation 4 other than paragraph (2)(c) and (d); and

(iii)regulation 6 other than paragraph (1)(d) and (e)..

Amendment of regulation 17 (called-in applications)

10.  In regulation 17(1) (called-in applications) after “section 46(1) of the Act” insert “or section 11(1) of the Listed Buildings Act”.

Amendment of regulation 24 (time within which appeal must be made)

11.  In regulation 24 (time within which appeal must be made)—

(a)after paragraph (1) insert—

(1A) In the case of an appeal made by virtue of section 18 of the Listed Buildings Act, where the relevant date is before 1st December 2011, the notice of appeal must be served on the Scottish Ministers within a period of six months from the relevant date.;

(b)in paragraph (2)(a) after “the Act” insert “or section 18(1) of the Listed Buildings Act”; and

(c)in paragraph (2)(b) after “the Act” insert “or section 18(2) of the Listed Buildings Act”.

Notices under regulation 15B

12.  After Schedule 2 insert the Schedule set out in the Schedule to these Regulations.

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th October 2011

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