The Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 2011

Citation and commencement

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

Amendment of the Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997

2.—(1) The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997(1) are amended in accordance with paragraphs (2) and (3).

(2) In rule 2(2) (application of rules)—

(a) in paragraph (a) after “Act” insert “or section 11 of the Listed Buildings Act”; and

(b) after paragraph (b) insert—

“(ba) held for the purposes of an appeal made under—

(i) 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);

(ii) 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);

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

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

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

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

(v) 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;”.

(3) In rule 3 (interpretation) in the definition of “referred application” omit “under section 11 of the Listed Buildings Act (listed building consent),”.

Amendment of the Town and Country Planning Appeals (Determination by Appointed Person) (Inquiries Procedure) (Scotland) Rules 1997

3.—(1) The Town and Country Planning Appeals (Determination by Appointed Person) (Inquiries Procedure) (Scotland) Rules 1997(2) are amended in accordance with paragraph (2).

(2) In rule 2(2) (application of rules) after paragraph (a) insert—

“(aa) held for the purposes of an appeal made under—

(i) 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);

(ii) 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);

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

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

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

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

(v) 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;”.

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th October 2011