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

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Intimation of appeal to planning authority and planning authority’s response

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44.—(1) The appellant must at the same time as giving the notice of appeal under regulation 43(2) send to the planning authority a copy of—

(a)the notice of appeal; and

(b)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 43(5)(c).

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

(a)a statement (“the planning authority’s response”) incorporating a response to each ground of appeal and stating the matters which the planning authority consider require determination 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; and

(b)copies of documents which were before the planning authority and which were taken into account in reaching their decision to issue the notice which is the subject of the appeal.

(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 comments on any matters raised in the planning authority’s response.

(4) The planning authority must until such time as the appeal is determined make available for inspection at an office of the planning authority copies of—

(a)the notice of appeal;

(b)the planning authority’s response and any comments made under paragraph (3); and

(c)any documents, material and evidence which accompanied the notice of appeal or which were sent with the planning authority’s response.

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