PART 5Appeals under section 19 of the principal Act

Called-in applications39.

(1)

This Part (other than regulations 24 (notice of appeal), 25 (intimation to planning authority and planning authority's response), 26 (notification to interested parties) and 27 (publication of appeal documents)) and the Hearing Session Rules apply to an application referred to the Scottish Ministers following a direction under section 18(1) of the principal Act (reference of applications to Scottish Ministers) with the modifications specified in paragraph (2).

(2)

The modifications are—

(a)

references to the appeal and the appellant are to be treated, respectively, as references to the application and the applicant;

(b)

references to the appointed person—

(i)

in this Part (other than in regulation 37 (appointment of assessor)) and rule 1(1) of the Hearing Session Rules are to be treated as references to the Scottish Ministers; and

(ii)

in regulation 37 and the Hearing Session Rules (other than in rule 1(1)) are to be treated as references to the person appointed to hold the hearing session;

(c)

in—

(i)

regulation 28(2) (determination without further procedure) and 30(4) (decisions as to further procedure), “considers” is to be read as “consider”;

(ii)

regulation 30(1)(a), “does” is to be read as “do”;

(iii)

regulation 30(1)(c), “determines” is to be read as “determine”;

(iv)

regulation 29(1) (opt-in notice to interested parties), regulation 31(2) and (4) (pre-examination meetings), 32(1) (written submissions procedure) and 33(2), (3) and (4) (where it first appears) (site inspections), “is” is to be read as “are”;

(v)

regulation 32(1), “has” is to be read as “have”;

(vi)

regulation 32(1)(c), “wishes” is to be read as “wish”;

(vii)

regulation 33(2) and (3), “intends” is to be read as “intend”;

(viii)

regulation 34(1) (new evidence), “proposes” is to be read as “proposed”; and

(ix)

regulation 36(2) (compliance with notification and consultation procedures) “notifies or consults” is to be read as “notify or consult”; and

(d)

where the direction requiring the application to be referred to the Scottish Ministers is given under section 18(1) of the principal Act, regulation 36 (compliance with notification and consultation procedures) applies as in the case of an appeal under section 19 of the principal Act.