The Town and Country Planning (Inquiries Procedure) (Scotland) Amendment Rules 2009

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

3.—(1) The Town and Country Planning Appeals (Determination by Appointed Person) (Inquiries Procedure) (Scotland) Rules 1997(1) are amended in accordance with paragraph (2).

(2) For rule 2(2) substitute–

“(2) These Rules shall not apply to a local inquiry–

(a) held for the purposes of an appeal made under–

(i) section 47 (appeals against planning decisions and failure to take such decisions) of the Act;

(ii) section 75B (appeal relating to modification or discharge of planning obligations) of the Act;

(iii) section 75F (appeal relating to modification or discharge of good neighbour agreements) of the Act;

(iv) section 130 (appeal against enforcement notice) of the Act;

(v) section 154 (appeals against refusal of certificate of lawful use or development) of the Act;

(vi) section 169 (appeal against section 168 notice) of the Act; and

(vii) section 180 (appeal against amenity notice) of the Act,

where notice of appeal is given to the Scottish Ministers under section 47(3), 75B(3), 75F(3), 130(2), 154(2), 169(2) or 180(2) of the Act, as the case may be, on or after 3rd August 2009; or

(b) where, in exercise of 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, the Scottish Ministers direct that an appeal which, by virtue of paragraph 1 of that Schedule, falls to be determined by a person appointed by them, shall, instead of being determined by that person, be determined by them, or as the case may be, not be begun or proceeded with.”.

(3) In rule 2(3) omit paragraphs (a) and (b).

(1)

S.I. 1997/750 as amended by S.I. 1998/2312 and S.S.I. 2004/332.