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

Part 4 of the Regulations makes provision relating to how an appeal under sections 130, 169 and 180 of the Act or under section 35 if the Listed Building Act is made. Regulation 14 specifies information which must be included in a statement of appeal. Regulation 15 requires the appellant to give a copy of the notice of appeal and supporting documents to the planning authority when making an appeal and allows the planning authority to respond to the appeal and the appellant to make comments on their response. Regulation 16 provides for the notification to be given to other parties on whom a notice which is the subject of the appeal was served and allows such persons to make representations.

Part 5 of the Regulations makes provision in relation to appeals under section 18 of the Listed Buildings Act. Regulation 17(6) requires an appeal to be accompanied by a certificate required under regulation 18 and the forms of notice to be used in relation to this requirement are set out in Schedule 3.

Part 6 of the Regulations makes provision in relation to appeals under section 47 of the Act as that section is applied by regulations made under section 182 of the Act, currently the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984.

Part 7 of the Regulations makes provision relating to how appeals under section 75B of the Act relating to planning obligations (regulation 21), section 75F of the Act relating to good neighbour agreement (regulation 22) and section 154 of the Act relating to certificates of lawfulness of existing use or development or proposed development (regulation 23) are made.

Part 8 of the Regulations makes provision in relation to applications called-in by the Scottish Ministers for determination by a direction under section 46 of the Act or section 11 of the Listed Buildings Act. In addition Part 8 makes provision in relation to applications made directly to the Scottish Ministers under section 242A of the Act. In these situations the determination is made by the Scottish Ministers rather than by a person appointed to do so. Regulations 24 and 25 apply specified provisions of the Regulations with modifications to take account of this distinction in both cases and, in the case of called-in applications to refer to an application and applicant rather than an appeal and appellant.

Part 9 of the Regulations contains general provisions. Regulation 26 sets out how the Regulations apply in relation to non-delegated appeals. The provisions of the Regulations are generally framed in the context of delegated appeals. An appeal is a delegated appeal where it is to be determined by a person appointed for that purpose under Schedule 4 to the Act or Schedule 3 to the Listed Buildings Act. The prescribed classes of appeals which are to be determined by an appointed person are specified in the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations 2010 (S.S.I. 2010/467). Those Regulations also set out classes of appeal which are reserved for determination by the Scottish Ministers. Appeals falling within that class or within a class specified in directions made under Schedule 4 to the Act or Schedule 3 to the Listed Buildings Act are, together with those appeals which are recalled for determination by virtue of powers contained in those Schedules, defined as non-delegated appeals. Part 9 in addition makes provision relating to cases giving rise to national security issues (regulation 27), the provision of further copies of documents (regulation 28), the appointment of an assessor to advise the appointed person (regulation 30) and the use of electronic communications (regulation 32). Regulation 29 requires the appointed person to comply with consultation and notification requirements in connection with an appeal or application to the extent that they have not already been met. Regulation 31 makes provision for the content and publication of the decision on the appeal or application.

Part 10 of the Regulations and Schedule 5 revoke the Town and Country Planning (Appeals) (Scotland) Regulations 2008 and other enactments which amended those Regulations and make transitional and saving provisions.

Footnotes

[^f00001]: 1997 c.8. The Town and Country Planning (Scotland) Act 1997 (“the Act”) was amended by sections 19 and 54(6) of, and the schedule to, the Planning etc. (Scotland) Act 2006 (asp 17). The functions of the Secretary of State under the Act transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46). See section 277(1) of the Act for the definition of “prescribed”.

[^f00002]: 1997 c.9. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. Section 81(1) defines “prescribed”. Section 79 applies various provisions of the Town and Country Planning (Scotland) Act 1997, including sections 267 and 275A, for the purposes of the Act. Section 82 is amended by section 30 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3).

[^f00003]: S.I. 1984/467 as amended by S.S.I.2013/154 and to which there are other amendments which are not relevant to those Regulations.

[^f00005]: 1997 c.9.

[^f00006]: Section 18(3)(b) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 provides that the relevant period for the purposes of an appeal under section 18(2) in respect of an application for approval required by a condition imposed on the grant of listed building consent is the period of two months from the date of receipt by the planning authority of the application.

[^f00007]: Schedule 2 to the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 requires the register to contain a report.

[^f00010]: S.S.I. 2010/432.

[^f00011]: S.S.I. 2010/433.

[^f00012]: S.S.I. 2013/155.

[^f00014]: S.S.I. 2010/432.

[^f00015]: S.S.I. 2010/433.

[^f00016]: 2000 c.7. Section 15 was amended by the Communications Act 2003 (c.21), Schedule 17, paragraph 158.

[^f00017]: S.S.I. 2008/434 as amended by S.S.I. 2009/220, 2011/138, 2011/378, 2010/432 and 2010/433.

Editorial notes

[^key-aa91010add6920884c02b34f9af691cc]: Sch. 5 in force at 30.6.2013, see reg. 1(1)

[^key-d453078d89aa18460db9f3c7991f513f]: Sch. 4 para. 5 in force at 30.6.2013, see reg. 1(1)

[^key-7488108bebe10cf5cade49144ef5207a]: Sch. 4 para. 12 in force at 30.6.2013, see reg. 1(1)

[^key-2bd71b20f427af4baf7c05fe0c8fa1ed]: Reg. 34 in force at 30.6.2013, see reg. 1(1)

[^key-bdf829758ad19e8d14a74c983dc2dc3e]: Reg. 1 in force at 30.6.2013, see reg. 1(1)

[^key-0af59a42cbc3a19978961335bd3b5349]: Reg. 2 in force at 30.6.2013, see reg. 1(1)

[^key-8772f72c501de11bb62bb20296aeec8e]: Reg. 3 in force at 30.6.2013, see reg. 1(1)

[^key-8b30e345977640cd605c5ad8868787d1]: Reg. 29 in force at 30.6.2013, see reg. 1(1)

[^key-fc6ebf2aa734a05b5f28f60397b623a9]: Reg. 4 in force at 30.6.2013, see reg. 1(1)

[^key-c453882e4c5d796dda4bce8a17616f33]: Reg. 5 in force at 30.6.2013, see reg. 1(1)

[^key-bae2b97ea52c9b625fdef0b7b2515dcb]: Reg. 6 in force at 30.6.2013, see reg. 1(1)

[^key-490e862808926ff5a7626c080ecb18ed]: Reg. 7 in force at 30.6.2013, see reg. 1(1)

[^key-57c9fd170dde76a781b3658bb36fc808]: Reg. 8 in force at 30.6.2013, see reg. 1(1)

[^key-1c03b496927df4c646d7502f1edfb6b6]: Reg. 9 in force at 30.6.2013, see reg. 1(1)

[^key-7aa65a14c0651944486da7d288d3a5ad]: Reg. 10 in force at 30.6.2013, see reg. 1(1)

[^key-4b9c474e75e3cafd15c175d930cda795]: Reg. 11 in force at 30.6.2013, see reg. 1(1)

[^key-2d7ab8d3d8a057f38952fad23e533751]: Reg. 12 in force at 30.6.2013, see reg. 1(1)

[^key-b8c617aa9e9343272059435633e5a11c]: Reg. 13 in force at 30.6.2013, see reg. 1(1)

[^key-614f21ca907ca6936add876c58e47f2e]: Reg. 14 in force at 30.6.2013, see reg. 1(1)

[^key-0974fee0c8c54976cce4f6e7cc348255]: Reg. 15 in force at 30.6.2013, see reg. 1(1)

[^key-2cc56d2b50c355526ebe518c0a109f05]: Reg. 16 in force at 30.6.2013, see reg. 1(1)

[^key-08aeaae8c35cdb01a4552b658fa73824]: Reg. 17 in force at 30.6.2013, see reg. 1(1)

[^key-0f7bd488968b12528071961cee181ef7]: Reg. 18 in force at 30.6.2013, see reg. 1(1)

[^key-cb3edec4d236142629deafe5f4d463c6]: Reg. 19 in force at 30.6.2013, see reg. 1(1)

[^key-b88e7a152836aaff7eac099c39aefff4]: Reg. 20 in force at 30.6.2013, see reg. 1(1)

[^key-2e9d7526f33ba43720990f17fbe83a52]: Reg. 21 in force at 30.6.2013, see reg. 1(1)

[^key-3107141603db4baf0d00fa57b11d2ad7]: Reg. 22 in force at 30.6.2013, see reg. 1(1)

[^key-4bec3e07370b4619401fe6c283428d71]: Reg. 23 in force at 30.6.2013, see reg. 1(1)

[^key-155ff599352a6ee3d6055b22c6730c44]: Reg. 24 in force at 30.6.2013, see reg. 1(1)

[^key-2cd1be81ac171b4c40cbaeea637f1ee4]: Reg. 25 in force at 30.6.2013, see reg. 1(1)

[^key-6f15175f708dfc00e27fdd7a9cbbd919]: Reg. 26 in force at 30.6.2013, see reg. 1(1)

[^key-6d0038d23a5df8ed19f831e9e0f27d4c]: Reg. 27 in force at 30.6.2013, see reg. 1(1)

[^key-42f766370d27288674601db34bd6dfa4]: Reg. 28 in force at 30.6.2013, see reg. 1(1)

[^key-793248efb2dce4b024a7ad55622cead8]: Reg. 30 in force at 30.6.2013, see reg. 1(1)

[^key-7cf1103e4914f3fca2bd8a89d1bcbf1a]: Reg. 31 in force at 30.6.2013, see reg. 1(1)

[^key-518649ed8c5d6b1bcfc64c1fb11a7487]: Reg. 32 in force at 30.6.2013, see reg. 1(1)

[^key-864f355b42080702cf4c82f1d5960a53]: Reg. 33 in force at 30.6.2013, see reg. 1(1)

[^key-d7cf18083bbef724d05fa0af5e841018]: Sch. 1 para. 1 in force at 30.6.2013, see reg. 1(1)

[^key-e6838d7407aff478cbd394a98ca5c8cf]: Sch. 1 para. 2 in force at 30.6.2013, see reg. 1(1)

[^key-0218552e54d9be6363bd1309896282d2]: Sch. 1 para. 3 in force at 30.6.2013, see reg. 1(1)

[^key-bc7bf9b745734bf670a811725bb5ee9a]: Sch. 1 para. 4 in force at 30.6.2013, see reg. 1(1)

[^key-50994dc24d19466eb68257ab87d0853a]: Sch. 1 para. 5 in force at 30.6.2013, see reg. 1(1)

[^key-453d0b365ac6a3b80b6fe26fe342c4a6]: Sch. 2 para. 1 in force at 30.6.2013, see reg. 1(1)

[^key-4297dbda29dba74a3d7bca260d7fac6d]: Sch. 2 para. 2 in force at 30.6.2013, see reg. 1(1)

[^key-4099618c0dcd449346abd5e28b347c6b]: Sch. 2 para. 3 in force at 30.6.2013, see reg. 1(1)

[^key-3424430f5c6afb7d92b3d5d5a0623799]: Sch. 2 para. 4 in force at 30.6.2013, see reg. 1(1)

[^key-63f0e741d17b422ace8e43adcfb69c76]: Sch. 2 para. 5 in force at 30.6.2013, see reg. 1(1)

[^key-5dcd43f3f300959cf8094f399985fdd1]: Sch. 4 para. 1 in force at 30.6.2013, see reg. 1(1)

[^key-99e8fbd57f4c7fcb3dbb2bd18bc41824]: Sch. 4 para. 2 in force at 30.6.2013, see reg. 1(1)

[^key-966a1f36427c2543078d137b09cae937]: Sch. 4 para. 3 in force at 30.6.2013, see reg. 1(1)

[^key-43eada6df6b5fe2f6c42398d37c523e9]: Sch. 4 para. 4 in force at 30.6.2013, see reg. 1(1)

[^key-5f1d76cab2829b9fa0fd09c55aaf904f]: Sch. 4 para. 6 in force at 30.6.2013, see reg. 1(1)

[^key-5f7154b381e216fc9236145554588cc0]: Sch. 4 para. 7 in force at 30.6.2013, see reg. 1(1)

[^key-03f6604bf2af850cb53b91d7d9cd81e6]: Sch. 4 para. 8 in force at 30.6.2013, see reg. 1(1)

[^key-a090a29bdc064b6cdfc70505fc482fa7]: Sch. 4 para. 9 in force at 30.6.2013, see reg. 1(1)

[^key-9368a6807b3ce241667e3cac81eb48a0]: Sch. 4 para. 10 in force at 30.6.2013, see reg. 1(1)

[^key-2287b85ad19d02dd813f97ad9c65b153]: Sch. 4 para. 11 in force at 30.6.2013, see reg. 1(1)

[^key-8701f4bfb145fbdb1b668687bfa7f333]: Sch. 3 Pt. 1 in force at 30.6.2013, see reg. 1(1)

[^key-e5a32622330f6aada27528e575fbb5de]: Sch. 3 Pt. 2 in force at 30.6.2013, see reg. 1(1)

[^key-a54064b43b50313731843683e594d4a7]: Words in reg. 2 inserted (14.9.2015) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 7(2)(a)

[^key-148b8c1b122e17909b5e01048975f92c]: Words in reg. 2 substituted (14.9.2015) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 7(2)(c) (with reg. 7(7))

[^key-d95c151e9c1292721c2fdf685dec632c]: Word in reg. 3(2) omitted (14.9.2015) by virtue of The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 7(3)(a) (with reg. 7(6))

[^key-314e5ea2ccf3cfa014f31aec0c94801b]: Reg. 3(2)(aa) inserted (14.9.2015) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 7(3)(b) (with reg. 7(6))

[^key-cc1f5adb5584c5fee19ed2d579341198]: Words in sch. 4 para. 5 substituted (14.9.2015) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 7(5)(a)

[^key-ef4223287a55269937e0673e595b9eb5]: Word in sch. 4 para. 12(1) inserted (14.9.2015) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 7(5)(b)

[^key-1ee923f02080fe722bf2e3c2745eff26]: Word in sch. 2 rule 4(1)(b) substituted (14.9.2015) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 7(4)

[^key-0f4c80be8ddcb96a52fd39d60f03d6e0]: Reg. 1(9A) inserted (1.10.2015) by The Town and Country Planning (Appeals) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/233), regs. 1, 2(2)

[^key-a6d47e6338335e287fe8993fff3a1b20]: Words in reg. 2 substituted (1.10.2015) by The Town and Country Planning (Appeals) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/233), regs. 1, 2(3)(a)

[^key-8c5687a87886fa8876b63e92be4deb53]: Words in reg. 2 inserted (1.10.2015) by The Town and Country Planning (Appeals) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/233), regs. 1, 2(3)(b)

[^key-34b3055835bdd68279bbd94342022aea]: Words in reg. 29(1)(b) substituted (1.10.2015) by The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (S.S.I. 2015/243), regs. 1, 20(2)(a) (with regs. 2, 20(3))

[^key-bc54018b308431d508d00edae1268244]: Words in reg. 29(1)(b) substituted (1.10.2015) by The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 (S.S.I. 2015/243), regs. 1, 20(2)(b) (with regs. 2, 20(3))

[^key-6a6c16907cade0dae523c34eb05a73e6]: Pt. 5A inserted (1.10.2015) by The Town and Country Planning (Appeals) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/233), regs. 1, 2(4)

[^key-6ba6e3a9e491240e1bdbc28909d79c4b]: Word in sch. 1 rule 4(1)(b)(ii) inserted (1.10.2015) by The Town and Country Planning (Appeals) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/233), regs. 1, 2(5)

[^key-e7b1fa93a72cc24a2ddf3bcacb2d753d]: Word in sch. 2 rule 4(1)(b)(ii) inserted (1.10.2015) by The Town and Country Planning (Appeals) (Scotland) Amendment Regulations 2015 (S.S.I. 2015/233), regs. 1, 2(6)

[^key-558fc4fa12674254bd63722306bde2c2]: Word in reg. 2 substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 58(2)(a) (with regs. 2(10), 38, 39, 40, 60(7))

[^key-20ccbdeab7cd8c5d8e32954d5b8e2927]: Words in reg. 2 substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 58(2)(b) (with regs. 2(10), 38, 39, 40, 60(7))

[^key-9120dc3f9f57b01c4635879c2f9924a8]: Words in reg. 2 substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 58(2)(c) (with regs. 2(10), 38, 39, 40, 60(7))

PART 5A — Appeals under section 5B of the Listed Buildings Act

Appeals under section 5B of the Listed Buildings Act

18A

• (1) An appeal to the Scottish Ministers under section 5B of the Listed Buildings Act 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 the date of the notice given under section 1A(2) of the Listed Buildings Act of the inclusion of a building in the list compiled or approved under section 1 of the Listed Buildings Act or the amendment of an entry in that list, as the case may be.

• (3) The notice of appeal (on a form obtained from the Scottish Ministers) must include—

• (a) the name and address of the appellant;

• (b) the name and address of the representative of the appellant (if any) and whether any notice or other correspondence which is required by these Regulations to be sent to the appellant should be sent to the representative instead of the appellant;

• (c) a statement setting out full particulars of the appeal including a note of the matters which the appellant considers require to be taken into account in determining the appeal and by what, if any, procedure (or combination of procedures) mentioned in regulation 9(4) the appellant considers the appeal should be conducted; and

• (d) a copy of the notice given under section 1A(2) of the Listed Buildings Act.

• (4) The notice of appeal may include as the ground or one of the grounds of appeal a claim that the building is not of special architectural or historic interest and ought to be removed from the list compiled or approved under section 1 of the Listed Buildings Act.

• (5) Subject to paragraph (6)—

• (a) all matters which the appellant intends to raise in the appeal must be set out in the notice of appeal or in the documents which accompany the notice of appeal; and

• (b) all documents, materials and evidence which the appellant intends to rely on in the appeal must accompany the notice of appeal.

• (6) In addition to matters set out in the notice of appeal and documents which accompany the notice of appeal, the appellant may raise matters and submit further documents, materials or evidence only in accordance with and to the extent permitted by regulations 11, 18B and 18C, the Hearing Session Rules and the Inquiry Session Rules.

• (7) In relation to an appeal made under section 5B of the Listed Buildings Act this Part applies and Parts 1, 3 and 9 (other than regulation 29), the Hearing Session Rules and the Inquiry Session Rules apply with the modification that references to the planning authority are to be treated as if they are references to Historic Environment Scotland.

Intimation to Historic Environment Scotland and Historic Environment Scotland’s response

18B

• (1) The appellant must at the same time as giving the notice of appeal to the Scottish Ministers send to Historic Environment Scotland—

• (a) a copy of the notice of appeal;

• (b) a list of all documents, materials and evidence which the appellant intends to rely on in the appeal and which accompanied the notice of appeal in accordance with regulation 18A(5)(b); and

• (c) a copy of all documents, materials and evidence specified on such list which the appellant has not already provided to Historic Environment Scotland.

• (2) Historic Environment Scotland must, not later than 21 days beginning with the date of receipt of notification of an appeal under paragraph (1), send to the Scottish Ministers and the appellant—

• (a) a note (“Historic Environment Scotland’s response”) of the matters which Historic Environment Scotland consider require to be taken into account in determining the appeal and by what, if any, procedure (or combination of procedures) mentioned in regulation 9(4) Historic Environment Scotland wish the appeal to be conducted; and

• (b) a copy of the documents (other than those specified on the list mentioned in paragraph (1)(b)) which were before Historic Environment Scotland and which were taken into account in reaching their decision.

• (3) The appellant may, within 14 days beginning with the date of receipt of Historic Environment Scotland’s response, send to the Scottish Ministers and Historic Environment Scotland—

• (a) comments on any matters raised in Historic Environment Scotland’s response which had not been raised in the decision notice; and

• (b) any documents, materials or evidence on which the appellant intends to rely in relation to such comments.

Notification to interested parties

18C

• (1) Historic Environment Scotland must not later than 14 days following notification of the appeal under regulation 18B(1) give notice of the appeal to each interested party.

• (2) Notice under paragraph (1) is to—

• (a) state the name of the appellant;

• (b) include a description (including where available a postal address) of the building to which the appeal relates;

• (c) state that copies of any representations previously made to Historic Environment Scotland, other than representations which the interested party has asked to be treated as confidential, will be sent to the Scottish Ministers and the appellant and will be taken into consideration in the determination of the appeal;

• (d) state that further representations may be made to the Scottish Ministers and include information as to how any representations may be made and by what date they must be made; and

• (e) state how a copy of the notice of appeal and other documents related to the appeal may be inspected.

• (3) An interested party may, within 14 days beginning with the date on which notice is given under paragraph (1), make representations in respect of the appeal to the Scottish Ministers.

• (4) The Scottish Ministers are to send a copy of any representations received under paragraph (3) to the appellant and to Historic Environment Scotland and are to inform them how and by what date (being a date not less than 14 days after the date on which such copy is sent under this paragraph) they may make comments to the Scottish Ministers on such representations.

• (5) The appellant and Historic Environment Scotland may, on or before that date, make comments on such representations to the Scottish Ministers.

Publication of appeal documents

18D

• (1) Historic Environment Scotland must, in relation to an appeal under section 5B of the Listed Buildings Act, make copies of—

• (a) the notice of appeal;

• (b) Historic Environment Scotland’s response and any comments sent under regulation 18B(3)(a);

• (c) the documents—

• (i) specified on the list mentioned in regulation 18B(1)(b);

• (ii) sent in accordance with regulation 18B(2)(b) and (3)(b);

• (d) any notice given under regulation 18C(1); and

• (e) any representations or comments made under regulation 18C(3) or (5),

available for inspection at an office of Historic Environment Scotland until such time as the appeal is determined.

• (2) Historic Environment Scotland are until such time as the appeal is determined to afford to any person who so requests the opportunity to inspect and, where practicable, take copies of any such documents (or any part thereof).