The Town and Country Planning (Appeals) (Scotland) Amendment Regulations 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Act any authority or person from whom the planning authority received representations (which were not subsequently withdrawn) in connection with the application;”;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(1);”;

(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)(2) 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(3).”.

(1)

1997 c.9.

(2)

Section 18(3)(b) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 provides that the relevant period for the purposes of an appeal under section 18(2) in respect of an application for approval required by a condition imposed on the grant of listed building consent is the period of two months from the date of receipt by the planning authority of the application.

(3)

S.S.I. 2008/432 to which there are amendments not relevant to these Regulations.