# The Town and Country Planning (Appeals) (Scotland) Regulations 2013, Regulation 17: Notice of appeal

Extent: S

(1) An appeal to the Scottish Ministers under—
(a) section 18(1) of the Listed Buildings Act;
(b) section 18(2) of the Listed Buildings Act; or
(c) section 18(1) or (2) of the Listed Buildings Act as applied by—
(i) section 17 of that Act; or
(ii) section 66 of that Act,
is to be made by giving notice in writing in accordance with this regulation.
(2) In relation to an application mentioned in section 18(1)(a) or (b) of the Listed Buildings Act the relevant period prescribed for the purposes of section 18(3)(a) of the Listed Buildings Act is the period of two months from the date of receipt of the application by the planning authority.
(3) The notice of appeal must be served on the Scottish Ministers within the period of three months beginning with, in the case of an appeal under—
(a) section 18(1) of the Listed Buildings Act, the date of the decision notice; and
(b) section 18(2) of the Listed Buildings Act, the date of expiry of the period allowed for determination of the application.
(4) In relation to an appeal made under section 18 of the Listed Buildings Act—
(a) this Part and Parts 1, 3, 9 and 10, the Hearing Session Rules and the Inquiry Session Rules apply; and
(b) the following provisions of Part 2 apply as they apply to an appeal under section 47 of the Act with the modifications specified in paragraph (5)—
(i) regulation 3(4) to (6);
(ii) regulation 4 other than paragraph (2)(c); and
(iii) regulations 5 and 6.
(5) The modifications are—
(a) regulation 3(4)(e) applies as if the reference to section 47(1) of the Act is a reference to section 18(1) of the Listed Buildings Act;
(b) regulation 5(2)(a) applies as if the reference to the Act is a reference to the Listed Buildings Act; and
(c) regulation 5(2)(b) and (3)(b) and (c) apply as if the reference to development is a reference to the works for which listed building consent is sought.
(6) An appeal under section 18 of the Listed Buildings Act is not to be entertained by the Scottish Ministers unless it is accompanied by a certificate required under regulation 18.

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Source: https://www.legislation.gov.uk/ssi/2013/156/regulation/17 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-appeals-scotland-regulations-2013/regulation-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.