The Town and Country Planning (Application of Subordinate Legislation to the Crown) (Inquiries Procedure) (Scotland) Order 2006

Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997

2.—(1) The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997(1)apply to the Crown with the following modifications.

(2) After rule 2 (application of rules) insert–

Modifications where national security direction given and for urgent Crown development or works

2A.— (1) The modifications set out in Part 1 of the Schedule shall have effect where a direction is given by the Scottish Ministers, or the Secretary of State, under or by virtue of–

(a) section 265A of the Act(2)(planning inquiries to be held in public subject to certain exceptions);

(b) paragraph 6(7) of Schedule 3 to the Listed Building Act(3)(determination of certain appeals by person appointed by the Scottish Ministers); or

(c) paragraph 6(7) of the Schedule to the Hazardous Substances Act(4)(determination of certain appeals by person appointed by the Scottish Ministers).

(2) The modifications set out in Part 2 of the Schedule shall have effect where either section 242A of the 1997 Act (urgent Crown development) or section 73B of the Listed Buildings Act (urgent works relating to Crown land), or both, apply.”.

(3) At the end of the Rules add the Schedule set out in Schedule 1 to this Order.

(1)

S.I. 1997/796 as amended by S.I. 1998/2311.

(2)

1997 c. 8. Section 265A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5) (“the 2004 Act”), section 91(1).

(3)

The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 c. 9. Paragraph 6(7) of Schedule 3 was inserted by section 91(2) of the 2004 Act.

(4)

The Planning (Hazardous Substances) (Scotland) Act 1997 c. 10. Paragraph 6(7) was inserted by section 91(3) of the 2004 Act.