The Town and Country Planning (Appeals) (Scotland) Regulations 2013

Appeals under section 75F of the Act

22.—(1) An appeal to the Scottish Ministers under section 75F(1) of the Act (appeals against refusal or failure to agree to modify or discharge good neighbour agreements) is to be made by giving notice in writing in accordance with this regulation.

(2) The notice of appeal must be served on the Scottish Ministers within the period of three months beginning with, in the case of an appeal under—

(a) section 75F(1)(a) of the Act, the date of expiry of the period specified in regulation 7(1) of the Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010(1); and

(b) section 75F(1)(b) of the Act, the date of the decision notice.

(3) In relation to an appeal under section 75F(1) of the Act—

(a) this regulation, Parts 1, 3, 9 and 10, the Hearing Session Rules and the Inquiry Session Rules apply; and

(b) the following provisions of Part 2 apply as they apply to an appeal under section 47 of the Act with the modifications specified in paragraph (4)—

(i) regulation 3(4) to (6);

(ii) regulation 4 other than paragraph (2)(c) and (d);

(iii) regulation 5 other than paragraph (2) and (3)(c); and

(iv) regulation 6.

(4) The modifications are—

(a) regulation 3(4)(e) applies as if the reference to section 47(1) of the Act is a reference to section 75F(1)(b) of the Act; and

(b) regulation 5(3)(b) applies as if the reference to development is a reference to the obligation and the good neighbour agreement within which it is contained.

(1)

S.S.I. 2010/433.