The Town and Country Planning (Appeals) (Scotland) Regulations 2008

Citation, commencement and application

1.—(1) These Regulations may be cited as the Town and Country Planning (Appeals) (Scotland) Regulations 2008 and come into force on 3rd August 2009.

(2) These Regulations apply, as specified in paragraph (3), to appeals made under–

(a) section 47 (appeals against planning decisions and failure to take such decisions) of the Act;

(b) section 130 (appeal against enforcement notice) of the Act;

(c) section 154 (appeals against refusal of certificate of lawful use or development) of the Act;

(d) section 169 (appeal against section 168 notice) of the Act; and

(e) section 180 (appeal against amenity notice) of the Act,

where notice of appeal is given to the Scottish Ministers under section 47(3), 130(2), 154(2), 169(2) or 180(2) of the Act, as the case may be, on or after 3rd August 2009.

(3) These Regulations–

(a) other than Parts 4, 5 and 6, apply to a delegated appeal under section 47 of the Act;

(b) other than Parts 2, 5 and 6, apply to appeals under sections 130, 169 and section 180 of the Act as they apply to an appeal made under section 47 of the Act;

(c) apply to an appeal under section 154 of the Act in accordance with regulation 16; and

(d) apply to non delegated appeals in accordance with regulation 18.

(4) These Regulations apply in accordance with regulation 17 to applications referred to the Scottish Ministers following a direction under section 46(1) (call in of applications by the Scottish Ministers) of the Act given on or after 3rd August 2009.