The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013

Made: 21st May 2013

Laid before the Scottish Parliament: 23rd May 2013

Coming into force: 30th June 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 43A(1)(a)(ii), (4), (10), (11), (13) and (17), 275 and 275A of the Town and Country Planning (Scotland) Act 1997 and all other powers enabling them to do so.

PART 1 — Preliminary

Citation, commencement and application

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• (1) These Regulations may be cited as the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 and come into force on 30th June 2013.

• (2) These Regulations (other than Part 2) apply to reviews conducted by virtue of section 43A(8) of the Act.

• (3) Part 2 of these Regulations applies to the preparation and content of a scheme of delegation under section 43A(1) of the Act.

Interpretation

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In these Regulations—

• “Act” means the Town and Country Planning (Scotland) Act 1997;

• “application for multi-stage consent” has the same meaning as in regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017;

• “appointed officer” means a person appointed by virtue of a scheme of delegation under section 43A(1) of the Act by the planning authority to determine the application;

• “EIA development” and “EIA report” have the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017;

• “environmental statement” has the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 as those Regulations had effect on 15th May 2017;

• “hearing session” means a hearing held or to be held into matters specified in a procedure notice given under rule 1(1) of the Hearing Session Rules;

• “Hearing Session Rules” means the rules set out in Schedule 1 to these Regulations;

• “interested party” means—any authority or person consulted by the planning authority in compliance with a requirement imposed by virtue of section 43(1)(c) of the Act and from whom the planning authority received representations (which were not subsequently withdrawn) in connection with the application; andany other person from whom the planning authority received representations (which were not subsequently withdrawn) in connection with the application, before the end of the period mentioned in section 38(1) of the Act;

• “local review body” has the meaning given in regulation 7(1);

• “period allowed for determination of the application” means the period prescribed under regulation 8(2) in respect of the application or such extended period as may be agreed in writing between the applicant and the appointed officer under section 43A(8)(c);

• “procedure notice” means a notice given (whether separately or in combination) under regulation 15(1) or rule 1(1) of the Hearing Session Rules;

• “reference number of the application” means the unique number assigned by the planning authority to the application;

• “review documents” means notice of the decision in respect of the application to which the review relates, the Report on Handling and any documents referred to in that Report, the notice of review given in accordance with regulation 9, all documents accompanying the notice of review in accordance with regulation 9(4) and any representations or comments made under regulation 10(4) or (6) in relation to the review;

• “Report on Handling” means, in respect of an application, the report to be placed in the register of applications which the planning authority are required to keep in accordance with regulations made under section 36(1) of the Act ;

• “rule” means a rule set out in Schedule 1 to these Regulations; and

• “specified matters” are in relation to a request for further written representations or information under regulation 15 or to a particular hearing session, those matters which are set out in the procedure notice; and

• “validation date”—in the case of an application for planning permission for EIA development or an application for multi-stage consent for EIA development, means the latest of—the date on which the application is taken to have been made in terms of regulation 14 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013;the date on which an EIA report or environmental statement, as the case may be, is submitted in respect of the application; orwhere the Cairngorms National Park Authority has issued a direction in exercise of its powers under article 7(3) of the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003, the date on which that direction was issued; andin any other case, means the later of—the date on which the application is taken to have been made in terms of regulation 14 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013; orwhere the Cairngorms National Park Authority has issued a direction in exercise of its powers under article 7(3) of the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003, the date on which that direction was issued.

PART 2 — Schemes of Delegation

Content of scheme of delegation

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• (1) A scheme of delegation must describe the classes of development to which the scheme will apply and state with respect to every such class which of the applications mentioned in paragraph (2) are to be determined by an appointed officer and if such application is only to be so determined in particular circumstances the scheme is to specify such circumstances.

• (2) The applications are—

• (a) applications for planning permission; and

• (b) applications for consent, agreement or approval required by a condition imposed on a grant of planning permission.

Procedure for preparation and adoption of scheme of delegation

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Where a planning authority propose to adopt a scheme of delegation, the authority must send a copy of the scheme to the Scottish Ministers and the planning authority must not adopt the scheme until the scheme has been approved by the Scottish Ministers.

Publication of the scheme

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The planning authority must—

• (a) make a copy of the adopted scheme of delegation available for inspection at an office of the planning authority and in every public library in the area of the planning authority; and

• (b) publish the adopted scheme of delegation on the internet.

Subsequent schemes of delegation

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The planning authority must prepare a scheme of delegation at intervals of no greater than every five years.

PART 3 — Review

Local Review Body

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• (1) A review of a case by virtue of section 43A(8) of the Act is to be conducted by a committee of the planning authority comprising at least three members of the authority (to be known as the “local review body”).

• (2) Subject to regulation 7A, meetings of the local review body at which decisions—

• (a) under regulation 13 relating to the manner in which the review is to be conducted; or

• (b) as to how the case under review is to be determined,

are to be held in public.

• (3) The date, time and place at which a meeting mentioned in paragraph (2) is to be held is to be determined (and may subsequently be varied) by the local review body.

• (4) The local review body must give to—

• (a) the applicant; and

• (b) any interested parties who made representations (which were not subsequently withdrawn) in connection with the application under regulation 10(4),

such notice of the date, time and place fixed for the holding of such meeting (and any subsequent variation thereof) as may appear to the local review body to be reasonable in the circumstances.

Review on failure to determine the application

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• (1) An applicant may require the local review body to review the case under section 43A(8)(c) of the Act if the appointed officer has failed to give to the applicant notice of their decision or determination within the period allowed for determination of the application.

• (2) The period prescribed for the purposes of section 43A(8)(c) of the Act is—

• (a) in the case of an application for planning permission for EIA development, the period of four months after the validation date; ...

• (aa) in the case of an application for multi-stage consent for EIA development, the period of four months after the validation date; and

• (b) in any other case, the period of two months after the validation date.

• (3) The period prescribed for the purposes of section 43A(17) of the Act is the period of three months beginning on the date when the requirement to review is made by virtue of section 43A(8)(c) of the Act.

Notice of Review

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• (1) An applicant may require the local review body to review a case under section 43A(8) by giving notice in writing in accordance with this regulation.

• (2) The notice of review must be served on the local review body within the period of three months beginning with, in the case of a requirement arising by virtue of—

• (a) section 43A(8)(a) or (b) of the Act, the date of the notice of the decision to which the review relates;

• (b) section 43(8)(c) of the Act, the date of expiry of the period allowed for determination of the application.

• (3) The notice of review (on a form obtained from the planning authority) must include—

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

• (b) the date and the reference number of the application in respect of which the review is required;

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

• (d) a statement setting out the applicant's reasons for requiring the local review body to review the case and by what, if any, procedure (or combination of procedures) mentioned in regulation 13(4) the applicant considers the review should be conducted.

• (4) Subject to paragraph (5)—

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

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

• (5) In addition to matters set out in the notice of review and documents which accompany the notice of review, the applicant may raise matters and submit further documents, materials or evidence only in accordance with and to the extent permitted by regulation 15 and the Hearing Session Rules.

Notification to interested parties and publication

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• (1) The local review body must not later than 14 days following notification of the review—

• (a) send an acknowledgement of the notice of review to the applicant and inform the applicant how documents related to the review may be inspected; and

• (b) give notice of the review to each interested party.

• (2) Notice under paragraph (1)(b) may be given—

• (a) by post to any interested party notified or consulted under the Act other than by newspaper advertisement; and

• (b) by post or by advertisement in a newspaper circulating in the locality where the proposed development is situated, to any other interested party.

• (3) Notice under paragraph (1)(b) is to—

• (a) state the name of the applicant and the address of the site to which the review relates;

• (b) describe the application;

• (c) state that copies of any representations previously made with respect to the application, will be considered by the local review body when determining the review;

• (d) state that further representations may be made to the local review body and include information as to how any representations may be made, by what date they must be made and that a copy of the representation will be sent to the applicant for comment; and

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

• (4) An interested party may, within 14 days beginning with the date on which notice is given under paragraph (1)(b) make representations in respect of the review to the local review body.

• (5) The local review body must send a copy of any representations received under paragraph (4) to the applicant and must inform the applicant 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) the applicant may make comments to the local review body on such representations.

• (6) The applicant may, on or before that date, make comments on such representations to the local review body.

Publication of review documents

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• (1) The planning authority must, in relation to a review, make a copy of—

• (a) the review documents;

• (b) any notice given under regulation 10(1); and

• (c) any procedure notice,

available for inspection at an office of the planning authority until such time as the review is determined.

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

PART 4 — Procedure for Determination

Determination without further procedure

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Where the local review body consider that the review documents provide sufficient information to enable them to determine the review, they may determine the review without further procedure.

Decision as to procedure to be followed

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• (1) Where the local review body do not determine the review without further procedure, the local review body may determine the manner in which the review is to be conducted and are to do so in accordance with this regulation.

• (2) The local review body may determine at any stage of the review that further representations should be made or further information should be provided to enable them to determine the review.

• (3) Where the local review body so determine, the review or a stage of the review is to be conducted by one of, or by a combination of, the procedures mentioned in paragraph (4).

• (4) The procedures are—

• (a) by means of written submissions;

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

• (c) by means of an inspection of the land to which the review relates.

• (5) Where the local review body consider that such further representations should be made or information should be made available or provided by means of—

• (a) written submissions, regulation 15 applies;

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

• (c) an inspection of the land, regulation 16 applies.

• (6) Notices given under regulation 15(1) or rule 1(1) of the Hearing Session Rules may be given separately or combined into a single notice.

Pre-examination meetings

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• (1) The local review body may hold a meeting (“a pre‑examination meeting”) to consider the manner in which the review or any stage of the review is to be conducted with a view to securing that the review or any stage of the review is conducted efficiently and expeditiously.

• (2) The local review body are to determine (and may subsequently vary) the date, time and place for the holding of a pre-examination meeting.

• (3) The local review body must give such notice of the holding of a pre-examination meeting and of the date, time and place where it is to be held (and any subsequent variation thereof) as may appear to the local review body to be reasonable in the circumstances—

• (a) where a pre-examination meeting is to be held in connection only with the conduct of a particular hearing session, to those persons entitled to appear at that hearing session; and

• (b) in any other case to the applicant, to the planning authority and any interested party.

• (4) The local review body are to determine the matters to be discussed and the procedure to be followed at the pre-examination meeting.

• (5) In this regulation “pre-examination meeting” has the meaning given in paragraph (1).

Written submissions

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• (1) Where the local review body has determined that further representations should be made or further information should be provided by means of written submissions, the local review body may request such further representations or information and is to do so by giving written notice to that effect to—

• (a) the applicant; and

• (b) any other body or person from whom the local review body wishes to receive further representations or information.

• (2) The procedure notice given under paragraph (1) is to—

• (a) set out the matters on which such further representations or information is requested;

• (b) specify the date by which such further representations or information are to be sent to the appointed person; and

• (c) provide the name and address of any body or person to whom the procedure notice is given.

• (3) Any further representations made or information provided in response to the procedure notice (“the procedure notice response”) are to be sent to the local review body on or before the date specified for that purpose in the procedure notice and a copy of any procedure notice response is to be sent on or before that date to any other person or body to whom the procedure notice was given.

• (4) Within a period of 14 days from receipt of a copy of the procedure notice response, any body or person to whom the procedure notice was given—

• (a) may send comments to the local review body in reply to the procedure notice response; and

• (b) must when doing so send a copy of such comments to any other person or body to whom the procedure notice was given.