The Town and Country Planning Appeals (Determination by Appointed Person) (Inquiries Procedure) (Scotland) Rules 1997

Application of rules

2.—(1) Subject to the provisions of this rule, these rules apply to any local inquiry held by a person appointed by the Secretary of State for the purpose of appeals to the Secretary of State where such appeals fall to be determined by that person instead of by the Secretary of State by virtue of the powers contained in Schedule 4 to the Act, Schedule 3 to the Listed Buildings Act or the Schedule to the Hazardous Substances Act or any regulations made thereunder.

(2) These Rules shall not apply where the Secretary of State, in exercise of his powers under paragraph 3(1) or 7 of Schedule 4 to the Act, or of paragraph 3(1) of Schedule 3 to the Listed Buildings Act or the Schedule to the Hazardous Substances Act, as the case may be, directs that an appeal which, by virtue of paragraph 1 of that Schedule, falls to be determined by a person appointed by the Secretary of State, shall, instead of being determined by that person, be determined by the Secretary of State, or as the case may be, not be begun or proceeded with.

(3) Where the appeal is made–

(a) by virtue of section 130 or 169 or 180 of the Act (appeals against enforcement notices, notices requiring the replacement of trees or notices under section 179 of the Act),

(b) under section 47 of the Act as applied to an application for consent under an order made under section 160 of the Act (appeals in relation to tree preservation orders),

(c) by virtue of section 35 of the Listed Buildings Act (appeals against listed building enforcement notice), or

(d) by virtue of section 19 of the Hazardous Substances Act (appeals against decisions or failure to take decisions relating to hazardous substances),

rule 4(1) below shall not apply and the references in these Rules to statutory parties shall be omitted.