The Town and Country Planning (General Development Procedure) (Scotland) Order 1992

PART 4 APPEALS

Appeals

23.—(1) Any applicant who desires to appeal—

(a) against a decision of a planning authority or of a regional planning authority refusing planning permission to develop land, refusing to grant any approval required under this Order, or granting permission or approval subject to conditions; or

(b) against a determination of a planning authority under section 51 of the Act; or

(c) on the failure of a planning authority or of a regional planning authority to give notice of their decision or determination or notice of the referral of the application to the Secretary of State,

shall lodge with the Secretary of State a notice of appeal.

(2) The notice of appeal shall be lodged—

(a) within six months of the notice of the decision or determination;

(b) within six months of the expiry of the appropriate period allowed under article 14(2); or

(c) in the case of the failure of a regional planning authority to give notice as set out in paragraph (1)(c) above, within six months of the expiry of the period of three months starting from the date when the application was referred to them being the period set out in section 34 of the Act as applied by section 179(5) and (6) of the Local Government (Scotland) Act 1973(1).

(3) The applicant shall at the same time as he lodges a notice of appeal with the Secretary of State, send a copy of the notice to the planning authority or to the regional planning authority as the case may be.

(4) In the case of an appeal in respect of an application for a determination under section 51 of the Act the notice of appeal shall be given in writing and in every other case the notice of appeal shall be given on a form obtained from the Secretary of State and in either case shall state the grounds on which the appeal is made.

(5) The notice of appeal to the Secretary of State shall be accompanied by—

(a) a copy of—

(i) the application made to the planning authority; and

(ii) the documents submitted with the application including the certificate provided in accordance with section 24 of the Act and any certificate provided in accord ance with article 9;

(b) a copy of the notice of the decision or determination, if any;

(c) a copy of all other relevant correspondence with any planning authority;

(d) a certificate under section 24 of the Act as applied by section 33 of the Act;

(e) a statement to the Secretary of State as to whether the appellant wishes his case to be determined on the basis of written submissions and without the holding of a public local inquiry.

Appeals other than on the basis of written submissions

24.—(1) The following paragraphs of this article shall apply where the appeal is being disposed of other than on the basis of written submissions.

(2) Where the appeal is—

(a) against a decision of a planning authority refusing planning permission to develop land, refusing to grant any approval required under this Order or granting permission or approval subject to conditions; or

(b) on the failure of a planning authority to give notice of their decision or of the reference of the application to the Secretary of State,

the Secretary of State shall serve a copy of the notice of appeal on the regional planning authority.

(2) If the regional planning authority wish to take part in the appeal proceedings they shall within one month of receiving the copy of the notice of appeal so notify the Secretary of State and shall within one month thereafter send to the Secretary of State and to the appellant a statement of their observations on the appeal.

(3) Where an appeal under this article is an appeal against a decision of a regional planning authority, the reference in paragraph (2) of this article to the regional planning authority shall be construed as a reference to the planning authority.

Notices to owners and agricultural tenants

25.  In relation to appeals, the requisite notices for the purposes of the provisions of section 24 (notification of applications to owners and agricultural tenants) of the Act as applied by section 33(5) of the Act shall be in the forms set out in Schedule 10.

(1)

Section 179(5) and (6) substituted by the Local Government and Planning (Scotland) Act 1982 (c. 43), Schedule 3 paragraph 24, and sub-section (5) of section 179 was amended by the Housing and Planning Act 1986 (c. 63), Schedule 11, paragraph 61.