The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015

Decision notice

12.—(1) The planning authority must within a period of 2 months beginning with the date of receipt of the application by the planning authority—

(a) give to the applicant (or where an agent is acting for the applicant, that agent) notice of their decision (“a decision notice”); and

(b) inform every authority, person or body who made written representations in respect of the application (and provided an address) of their decision on the application and where a copy of the decision notice is available for inspection.

(2) Paragraph (1) does not apply where the application has been referred to the Scottish Ministers by virtue of a direction given under section 11 of the Act(1) (reference of certain applications to Scottish Ministers).

(3) An application is not to be determined by the planning authority until the later of—

(a) where consultation is required in respect of the application under regulation 7, the expiry of the period of 14 days after the date on which the planning authority consulted Historic Environment Scotland; or

(b) the date, or latest date, of the expiry of the period allowed for making representations in respect of the application specified in notice of the application given in accordance with regulation 8.

(4) Where an application is refused or is granted subject to conditions the decision notice must include—

(a) a statement of—

(i) the terms of the planning authority’s decision;

(ii) any conditions to which that decision is subject; and

(iii) the reasons on which the authority based that decision;

(b) a description of—

(i) in the case of an application for listed building consent or conservation area consent, the works (including identification of the plans and drawings showing the proposed works); or

(ii) in the case of an application for variation or discharge of conditions, the nature of the variation or discharge,

for which consent has been granted, or as the case may be, refused;

(c) a description of the location of the building to which the application relates including, where applicable, a postal address; and

(d) the reference number of the application.

(5) Where the application is granted the decision notice must include a statement as to the effect of section 16(1) of the Act (limit of duration of listed building consent).

(6) Where an application is refused or is granted subject to conditions the decision notice must be accompanied by—

(a) notification in the terms set out in Schedule 2; and

(b) a statement explaining how the applicant may obtain information on how to appeal to the Scottish Ministers under section 18 of the Act(2) (right of appeal against decision).

(7) Where representations in respect of the application are made by three or more persons in the same document, it is sufficient for the purposes of paragraph (1)(b) that the planning authority notify—

(a) only the person who sent that document to the planning authority, where it is possible for the planning authority to identify that person; or

(b) where it is not possible to do so, only the first named person on the document for whom an address is provided.

(1)

Section 11 was amended by section 21 of the Historic Environment (Amendment) (Scotland) Act 2011 (asp 3) (“the 2011 Act”).

(2)

Section 18 was amended by section 20(2) of the 2011 Act.