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The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015

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Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2013

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7.—(1) Subject to paragraphs (6) and (7), the Town and Country Planning (Appeals) (Scotland) Regulations 2013(1) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2 (interpretation)—

(a)after the definition of “application” insert—

“application for multi-stage consent” has the same meaning as in regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations   2011(2);

(b)in the definition of “EIA development” for “has” substitute “and “environmental statement” have”; and

(c)for the definition of “validation date” substitute—

“validation date”—

(a)

in the case of an application for planning permission for EIA development or an application for multi-stage consent for EIA development, means the latest of—

(i)

the date on which the application is taken to have been made in terms of regulation 14 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013;

(ii)

the date on which an environmental statement is submitted in respect of the application; or

(iii)

where the Cairngorms National Park Authority has issued a direction in exercise of its powers under article 7(3) of the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003(3), the date on which that direction was issued; and

(b)

in any other case, means the later of—

(i)

the date on which the application is taken to have been made in terms of regulation 14 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013; or

(ii)

where the Cairngorms National Park Authority has issued a direction in exercise of its powers under article 7(3) of the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003, the date on which that direction was issued..

(3) In regulation 3 (notice of appeal)—

(a)omit “and” following paragraph (2)(a); and

(b)after paragraph (2)(a) insert—

(aa)in the case of an application for multi-stage consent for EIA development, the period of four months after the validation date; and.

(4) In Schedule 2 (inquiry session rules) in rule 4(1)(b) for “hearing” substitute “inquiry”.

(5) In Schedule 4 (closed evidence)—

(a)in paragraph 5, for “is restricted” substitute “are restricted”; and

(b)in paragraph 12(1), in the definition of “appointed representative”, after “(who is also a specified person)” insert “appointed”.

(6) The provisions of regulation 3 of the Town and Country Planning (Appeals) (Scotland) Regulations 2013 continue to have effect as they did immediately before 14th September 2015 in respect of an application for multi-stage consent (as defined in regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011) made before that date.

(7) Paragraphs (a)(iii) and (b)(ii) of the definition of “validation date” (as inserted by paragraph (2)(c)) do not apply in respect of an application made before 14th September 2015.

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