Explanatory note
(This note is not part of the Regulations)
The provisions of the Town and Country Planning (Scotland) Act 1972 listed in the Schedule to these Regulations confer a right of appeal against certain decisions of planning authorities.
An appellant and the planning authority are entitled in any appeal proceedings to appear before and be heard by a person appointed by the Secretary of State but they may agree to the appeal being determined on the basis of written submissions.
These Regulations lay down the procedure and time limits in connection with appeals to be disposed of on the basis of written submissions.
Regulation 3 prescribes the circumstances in which the Regulations apply.
Where the Regulations apply–
the planning authority must give specified information to interested third parties (regulation 4) and must also complete a questionnaire and return it to the Secretary of State together with copies of related documents including representations already made by interested third parties (regulation 5);
submissions must be sent to the Secretary of State within prescribed time limits (regulation 6), but the Secretary of State may set later time limits in particular cases (regulation 7);
after the expiry of the relevant time limits the Secretary of State may proceed to a decision on the appeal (regulation 8).
A copy of the appeals questionnaire referred to in these Regulations may be obtained from the Scottish Office Inquiry Reporters Unit, 16 Waterloo Place, Edinburgh, EH1 3DN.