Regulation 29 Compliance with notification and consultation proceduresI1

Scotland

(1)

The appointed person must, to the extent not already done so by the planning authority—

(a)

in the case of an appeal under section 47 of the Act (other than an appeal under that section as applied by regulation 21 of the 1984 Regulations), comply with—

(i)

regulation 18 (notification by the planning authority);

(ii)

regulation 19 (notification of minerals applications);

(iii)

regulation 20 (publication by the planning authority); and

(iv)

regulation 25 (consultation by the planning authority),

of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013^f1 before determining the appeal or the application, as the case may be;

(b)

in the case of an appeal under section 18 of the Listed Buildings Act, comply with F1regulation 8 (advertisement of applications) of F2the Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 before determining the appeal;

(c)

in the case of an appeal under section 75B of the Act, comply with regulation 5 (notification of application) of the Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010^f2 before determining the appeal;

(d)

in the case of an appeal under section 75F of the Act, comply with regulation 5 (notification of application) of the Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010^f3 before determining the appeal; and

(e)

in the case of an appeal under section 47 of the Act as applied by regulation 21 of the 1984 Regulations, comply with regulation 16 (duty to consult with respect to an application) of the 1984 Regulations before determining the appeal.

(2)

Subject to regulation 8(3), where the appointed person notifies or consults with any person in accordance with paragraph (1) references in these Regulations (other than regulation 5) to an interested party includes any such person from whom the appointed person received representations (which are not subsequently withdrawn) in connection with the appeal.

Annotations

Textual amendments

F1: 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))
F2: 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))

Commencement

I1: Reg. 29 in force at 30.6.2013, see reg. 1(1)

Footnotes

f1: S.S.I. 2013/155.
f2: S.S.I. 2010/432.
f3: S.S.I. 2010/433.