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

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Notice of appeal

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3.—(1) An appeal to the Scottish Ministers under section 47 of the Act is to be made by giving notice in writing in accordance with this regulation.

(2) 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—

(i)EIA Development; or

(ii)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.

(3) 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 under—

(a)section 47(1) of the Act, the date of the decision notice; and

(b)section 47(2) of the Act, the date of expiry of the period allowed for determination of the application.

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

(a)the name and address of the appellant;

(b)the date and the reference number assigned by the planning authority to the application in respect of which the appeal is made;

(c)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;

(d)a statement setting out full particulars of the appeal including a note of the matters which the appellant considers require to be taken into account in determining the appeal and by what, if any, procedure (or combination of procedures) mentioned in regulation 9(4) the appellant considers the appeal should be conducted; and

(e)where the appeal is made under section 47(1) of the Act, a copy of the decision notice.

(5) Subject to paragraph (6)—

(a)all matters which the appellant intends to raise in the appeal must be set out in the notice of appeal or in the documents which accompany the notice of appeal; and

(b)all documents, materials and evidence which the appellant intends to rely on in the appeal must accompany the notice of appeal.

(6) In addition to matters set out in the notice of appeal and documents which accompany the notice of appeal, the appellant may raise matters and submit further documents, materials or evidence only in accordance with and to the extent permitted by regulations 4, 5 and 11, the Hearing Session Rules and the Inquiry Session Rules.

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