Search Legislation

The Town and Country Planning (Appeals) (Scotland) Regulations 2013

What Version

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This is the original version (as it was originally made).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

Appeals in relation to discontinuance notices

This section has no associated Policy Notes

20.—(1) This regulation and the provisions of these Regulations specified in paragraph (8) apply to an appeal under section 47 of the Act (as applied by regulation 21 of the 1984 Regulations) in relation to a discontinuance notice subject to the modifications specified in paragraph (9).

(2) The notice of appeal must be served on the Scottish Ministers—

(a)before the expiry of the period specified in the discontinuance notice after which the discontinuance notice is to take effect; or

(b)where notice is given under regulation 14(5) of the 1984 Regulations to vary the discontinuation notice to extend that period, before the expiry of such extended period.

(3) The notice of appeal (on a form obtained from the Scottish Ministers) must include—

(a)all matters which the appellant intends to raise in the appeal;

(b)the name and address of the appellant;

(c)a copy of the notice against which the appeal is made;

(d)the name and address of the representative of the appellant (if any) and whether any notice or other correspondence which is required by these Regulations to be sent to the appellant should be sent to the representative instead of the appellant;

(e)a note of the matters which the appellant considers require determination and by what, if any, procedure (or combination of procedures) mentioned in regulation 9(4) the appellant considers the appeal should be determined.

(4) Notice of appeal is to be accompanied by copies of all documents, materials and evidence which the appellant intends to rely on in the appeal.

(5) The planning authority must not later than 14 days following notification of the appeal by the appellant give notice of the appeal to each person (other than the appellant) on whom the discontinuance notice was served.

(6) Notice under paragraph (5) is to—

(a)state the name of the appellant and specify the advertisement or the site to which the appeal relates;

(b)describe the steps required by the discontinuance notice;

(c)state that representations may be made to the Scottish Ministers and provide information as to how and by when such representations may be made; and

(d)state where a copy of the notice of appeal and of the planning authority’s response may be inspected.

(7) The period allowed for making representations is to be no less than 14 days from the date on which notice is given under paragraph (5).

(8) The provisions are—

(a)Parts 1 and 3, regulation 15, Part 9 (other than regulation 29) and Part 10;

(b)the Hearing Session Rules; and

(c)the Inquiry Session Rules.

(9) Regulation 15 applies as if—

(a)references to the notice of appeal were to the notice of appeal mentioned in paragraph (2);

(b)the reference in paragraph (1)(c) to regulation 14(4) were a reference to paragraph (4) of this regulation; and

(c)paragraphs (1)(b) and (4)(b) were omitted.

(10) In this regulation “discontinuance notice” means a notice served under regulation 14 of the 1984 Regulations.

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

Policy Note

Policy 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 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

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