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

Decision as to further procedure

8.—(1) Where the appointed person does not determine the appeal without further procedure, the appointed person may determine the manner in which the appeal is to be conducted and must do so in accordance with this regulation.

(2) The appointed person may determine at any stage of the appeal that further representations should be made or further information should be made available or provided to enable the appeal to be determined.

(3) Where the appointed person so determines, the appeal or a stage of the appeal is to be conducted by one of or by a combination of the procedures mentioned in paragraph (4).

(4) The procedures are–

(a) by means of written submissions;

(b) by the holding of one or more hearing sessions;

(c) by the holding of one or more inquiry sessions;

(d) by means of an inspection of the land to which the appeal relates.

(5) Where the appointed person considers that such further representations should be made or information should be made available or provided by means of–

(a) written submissions, regulation 10 applies;

(b) a hearing session, the Hearing Session Rules apply;

(c) an inquiry session, the Inquiry Session Rules apply;

(d) an inspection of the land, regulation 11 applies.

(6) Notices given under regulation 10(1), rule 1(1) of the Hearing Session Rules or rule 1(1) of the Inquiry Session Rules may be given separately or combined into a single notice.