The Town and Country Planning (Development Planning) (Scotland) Regulations 2008

Summary of unresolved issues

20.—(1) The authority must, to the extent that they have not already done so, send to the appointed person within 14 days of receiving notification under section 12(4)(b) of the Act or regulation 19, as the case may be–

(a) a summary of unresolved issues prepared in accordance with paragraph (2);

(b) copies of the unresolved representations;

(c) the environmental report prepared in connection with the proposed plan and copies of opinions expressed in response to the invitations referred to in section 16(1) and (2)(a)(iii) of the 2005 Act;

(d) the proposed action programme prepared for the proposed plan in accordance with section 21 of the Act;

(e) the most recently published monitoring statement for the area to which the proposed plan relates; and

(f) a copy of the authority’s participation statement current at the time when the proposed plan was published under section 10(1)(a) or 18(1)(a) of the Act, as the case may be.

(2) The summary of unresolved issues to be submitted under paragraph (1)(a) is to–

(a) specify the number of and list all unresolved representations (including the name of the person who made the representation);

(b) include, in the form set out in Schedule 4–

(i) a summary of each of the various issues raised in the unresolved representations; and

(ii) a statement of the reasons why the planning authority did not modify the proposed plan in response to the issues raised in the representations; and

(c) be arranged, so far as practicable, so that such summaries of issues appear in the same order as those parts of the proposed plan to which the issues relate are set out in the plan.

(3) When advertising or giving notice of the examination–

(a) under section 12(4) or (5) or section 12A(8) of the Act, the Scottish Ministers or the authority, as the case may be; or

(b) under section 19(6) or section 19A(8) of the Act, the authority,

are to include a statement that the authority has, or is to, provide to the appointed person a summary of the issues it considers should be assessed at the examination and information as to where it is possible to inspect such summary and other information and documents provided by the authority in connection with the examination.

(4) In the application of paragraph (3) to advertisement under sections 12A(8) or 19A(8) of the Act the reference to a “summary” includes a reference to the note and report submitted under section 12A(5)(b)(ii) or 19A(5)(b)(ii), as the case may be.