Paragraph 2A F1
A reporter appointed under paragraph 2(2A)(a) must make proposals as regards the appropriate procedure for examining the application.
The appropriate procedure may consist of one or more of the following—
considering—
the objection by the relevant planning authority,
any other objections made in accordance with regulations under paragraph 3(1)(c), and
any other representations made in accordance with an enactment;
considering new written representations about the application from persons specified by the reporter;
holding one or more hearing sessions;
carrying out an inspection of the land to which the application relates;
holding a public inquiry.
Where the reporter proposes a procedure that includes proceedings within sub-paragraph (2)(b), (c) or (e), the proposal must include a statement of the issues that are proposed to be within the scope of each of those proceedings.
The reporter must—
publish the proposals,
notify all interested parties of the proposals, and
invite written representations about the proposals before the end of the time period specified by the reporter.
The published proposals must include or be accompanied by an explanation of the reasons for the proposals.
The reporter may hold a meeting to hear representations about the proposals.
After considering the representations, the reporter must—
decide on the appropriate procedure for examining the application, and
publish that decision.
The published decision must include or be accompanied by an explanation of—
the reasons for the decision,
the intended time period for the carrying out of the procedure, and
the intended time period within which the reporter will send a final report to the Scottish Ministers.
Sub-paragraph (3) applies to the reporter’s decision as it applies to the reporter’s proposals.
On completing the examination, the reporter must prepare and send to the Scottish Ministers a final report setting out the reporter’s recommendations on the application.
In this paragraph, “interested party” means—
the applicant,
the relevant planning authority which made the objection under paragraph 2(2A),
any person who has made an objection in accordance with regulations under paragraph 3, or
any person who has made representations in accordance with any other enactment.
The Secretary of State or the Scottish Ministers may by regulations make provision amending or setting out further detail about the procedure set out in this paragraph. (See also paragraph 7B(2)(e).)
A statutory instrument containing regulations under this paragraph is not to be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Regulations made by the Scottish Ministers under this paragraph are subject to the affirmative procedure.
Annotations
Textual amendments
- F1
Sch. 8 para. 2A and cross-heading inserted (18.12.2025 for specified purposes, 18.2.2026 in so far as not already in force) by Planning and Infrastructure Act 2025 (c. 34), ss. 19(4), 118(1)(g) (with s. 116)
Notes on Schedule 8
Textual amendments
- F1
Words in Sch. 8 heading inserted (1.4.2019) by Wales Act 2017 (c. 4), s. 71(4), Sch. 6 para. 50(2) (with Sch. 7 paras. 1, 6, 8); S.I. 2017/1179, reg. 5(b)
Modifications
- C1
Sch. 8: transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
- C2
Sch. 8 modified in part (1.4.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 12(5)(a), 324(3); S.I. 2010/298, art. 2, Sch. para. 4 (with art. 4(1))
- C3
Sch. 8 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), ss. 31(2), 70(1)
- C4
Sch. 8 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 26(2), 64(1)