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The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

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Intimation to planning authority and planning authority’s response

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25.—(1) The appellant must at the same time as giving the notice of appeal to the Scottish Ministers send to the planning authority—

(a)a copy of the notice of appeal;

(b)a list of all documents, materials and evidence which the appellant intends to rely on in the appeal and which accompanied the notice of appeal in accordance with regulation 24(5)(b); and

(c)a copy of all documents, materials and evidence specified on such list which the appellant has not already provided to the planning authority in connection with the application to which the appeal relates.

(2) The planning authority must, not later than 21 days beginning with the date of receipt of the notification of appeal given under paragraph (1), send to the Scottish Ministers and the appellant—

(a)a note (“the planning authority’s response”) of the matters which the planning authority consider require to be taken into account in determining the appeal and by what, if any, procedure (or combination of procedures) referred to in regulation 30(3) the planning authority consider the appeal should be conducted and in particular—

(i)a statement of whether or not the planning authority wish the opportunity to appear before and be heard by a person appointed for that purpose; and

(ii)if the planning authority so wish, a statement of the matters on which the planning authority wish the opportunity to be heard;

(b)a copy of the documents (other than those specified on the list referred to in paragraph (1)(b)) which were before the planning authority and which were taken into account in reaching their decision; and

(c)the conditions (if any) which the planning authority presently consider should be imposed in the event that consent is granted.

(3) The appellant may, within 14 days beginning with the date of receipt of the planning authority’s response, send to the Scottish Ministers and the planning authority—

(a)comments on any matters raised in the planning authority’s response which had not been raised in the decision notice or notice of decision given under regulation 19, as the case may be; and

(b)any documents, materials or evidence on which the appellant intends to rely in relation to such comments.

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