The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015

Decisions as to further procedure S

30.—(1) Subject to paragraph (3)—

(a) where the appointed person does not determine the appeal without further procedure, the appointed person may determine the manner in which the appeal is to be conducted;

(b) the appointed person may determine at any stage of the appeal that further representations should be made or further information should be made available or provided to enable the appeal to be determined;

(c) where the appointed person so determines the appeal or stage of the appeal is to be conducted by one of, or by a combination of, the procedures referred to in paragraph (3).

(2) Where either the appellant or the planning authority wish to be given an opportunity to appear before and be heard by the appointed person on any matter then that matter is, to the extent that the appellant or planning authority, as the case may be, wish to make oral submissions on that matter, to be considered by means of, or a combination of, the procedures referred to in paragraph (4)(b) and (c).

(3) The procedures are—

(a) by means of written submissions;

(b) by the holding of one or more hearing sessions;

(c) by the holding of one or more inquiry sessions;

(d) by means of an inspection of the land to which the appeal relates.

(4) Where the appointed person considers that further representations should be made or further information should be made available or provided by means of—

(a) written submissions, regulation 32 applies;

(b) a hearing session, the Hearing Session Rules apply;

(c) an inquiry session, the Hazardous Substances Inquiry Session Rules apply;

(d) an inspection of the land, regulation 33 applies.

(5) Notices given under regulation 32(1), rule 1(1) of the Hearing Session Rules or rule 3(1) of the Hazardous Substances Inquiry Session Rules may be given separately or combined into a single notice.