The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013

Scottish Statutory Instruments

2013 No. 157

Town And Country Planning

The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013

Made

21st May 2013

Laid before the Scottish Parliament

23rd May 2013

Coming into force

30th June 2013

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 43A(1)(a)(ii), (4), (10), (11), (13) and (17), 275 and 275A of the Town and Country Planning (Scotland) Act 1997 M1 and all other powers enabling them to do so.

Marginal Citations

M1 1997 c.8. Sections 43A and 275A were respectively inserted into the Town and Country Planning (Scotland) Act 1997 (“the Act”) by sections 17 and 52 of the Planning etc. (Scotland) Act 2006 (asp 17) (the “2006 Act”). Section 275 of the Act was amended by section 53(16) of the 2006 Act. The functions of the Secretary of State under the Act transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

PART 1 S Preliminary

Citation, commencement and application S

1.—(1) These Regulations may be cited as the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 and come into force on 30th June 2013.

(2) These Regulations (other than Part 2) apply to reviews conducted by virtue of section 43A(8) of the Act.

(3) Part 2 of these Regulations applies to the preparation and content of a scheme of delegation under section 43A(1) of the Act.

Interpretation S

2.  In these Regulations—

“Act” means the Town and Country Planning (Scotland) Act 1997;

[F1 “application for multi-stage consent” has the same meaning as in regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations [F2 2017];]

“appointed officer” means a person appointed by virtue of a scheme of delegation under section 43A(1) of the Act by the planning authority to determine the application;

[F3 “EIA development” and “EIA report” have the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017;

“environmental statement” has the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 as those Regulations had effect on 15th May 2017;]

“hearing session” means a hearing held or to be held into matters specified in a procedure notice given under rule 1(1) of the Hearing Session Rules;

“Hearing Session Rules” means the rules set out in Schedule 1 to these Regulations;

“interested party” means—

(a)

any authority or person consulted by the planning authority in compliance with a requirement imposed by virtue of section 43(1)(c) of the Act and from whom the planning authority received representations (which were not subsequently withdrawn) in connection with the application; and

(b)

any other person from whom the planning authority received representations (which were not subsequently withdrawn) in connection with the application, before the end of the period mentioned in section 38(1) of the Act;

“local review body” has the meaning given in regulation 7(1);

“period allowed for determination of the application” means the period prescribed under regulation 8(2) in respect of the application or such extended period as may be agreed in writing between the applicant and the appointed officer under section 43A(8)(c);

“procedure notice” means a notice given (whether separately or in combination) under regulation 15(1) or rule 1(1) of the Hearing Session Rules;

“reference number of the application” means the unique number assigned by the planning authority to the application;

“review documents” means notice of the decision in respect of the application to which the review relates, the Report on Handling and any documents referred to in that Report, the notice of review given in accordance with regulation 9, all documents accompanying the notice of review in accordance with regulation 9(4) and any representations or comments made under regulation 10(4) or (6) in relation to the review;

“Report on Handling” means, in respect of an application, the report to be placed in the register of applications which the planning authority are required to keep in accordance with regulations made under section 36(1) of the Act M2 ;

“rule” means a rule set out in Schedule 1 to these Regulations; and

“specified matters” are in relation to a request for further written representations or information under regulation 15 or to a particular hearing session, those matters which are set out in the procedure notice; and

[F4 “validation date”—

(a)

in the case of an application for planning permission for EIA development or an application for multi-stage consent for EIA development, means the latest of—

(i)

the date on which the application is taken to have been made in terms of regulation 14 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013;

(ii)

the date on which an [F5 EIA report or environmental statement, as the case may be,] is submitted in respect of the application; or

(iii)

where the Cairngorms National Park Authority has issued a direction in exercise of its powers under article 7(3) of the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003, the date on which that direction was issued; and

(b)

in any other case, means the later of—

(i)

the date on which the application is taken to have been made in terms of regulation 14 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013; or

(ii)

where the Cairngorms National Park Authority has issued a direction in exercise of its powers under article 7(3) of the Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003, the date on which that direction was issued.]

Textual Amendments

F1 Words in reg. 2 inserted (14.9.2015) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 8(2)(a)

F2 Word in reg. 2 substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 59(2)(a) (with regs. 2(10), 38, 39, 40, 60(7))

F3 Words in reg. 2 substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 59(2)(b) (with regs. 2(10), 38, 39, 40, 60(7))

F4 Words in reg. 2 substituted (14.9.2015) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 8(2)(c) (with reg. 8(5))

F5 Words in reg. 2 substituted (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 59(2)(c) (with regs. 2(10), 38, 39, 40, 60(7))

Marginal Citations

M2 The requirement to include a Report in the register is contained in Schedule 2 to the Town and Country Planning (Development Management Procedure) (Scotland) Regulation 2013 (S.S.I. 2013/155).

PART 2 S Schemes of Delegation

Content of scheme of delegation S

3.—(1) A scheme of delegation must describe the classes of development to which the scheme will apply and state with respect to every such class which of the applications mentioned in paragraph (2) are to be determined by an appointed officer and if such application is only to be so determined in particular circumstances the scheme is to specify such circumstances.

(2) The applications are—

(a) applications for planning permission; and

(b) applications for consent, agreement or approval required by a condition imposed on a grant of planning permission.

Procedure for preparation and adoption of scheme of delegation S

4.  Where a planning authority propose to adopt a scheme of delegation, the authority must send a copy of the scheme to the Scottish Ministers and the planning authority must not adopt the scheme until the scheme has been approved by the Scottish Ministers.

Publication of the scheme S

5.  The planning authority must—

(a) make a copy of the adopted scheme of delegation available for inspection at an office of the planning authority and in every public library in the area of the planning authority; and

(b) publish the adopted scheme of delegation on the internet.

Subsequent schemes of delegation S

6.  The planning authority must prepare a scheme of delegation at intervals of no greater than every five years.

PART 3 S Review

Local Review Body S

7.—(1) A review of a case by virtue of section 43A(8) of the Act is to be conducted by a committee of the planning authority comprising at least three members of the authority (to be known as the “ local review body”).

(2) [F6 Subject to regulation 7A,] meetings of the local review body at which decisions—

(a) under regulation 13 relating to the manner in which the review is to be conducted; or

(b) as to how the case under review is to be determined,

are to be held in public.

(3) The date, time and place at which a meeting mentioned in paragraph (2) is to be held is to be determined (and may subsequently be varied) by the local review body.

(4) The local review body must give to—

(a) the applicant; and

(b) any interested parties who made representations (which were not subsequently withdrawn) in connection with the application under regulation 10(4),

such notice of the date, time and place fixed for the holding of such meeting (and any subsequent variation thereof) as may appear to the local review body to be reasonable in the circumstances.

Textual Amendments

F6 Words in reg. 7(2) inserted (24.4.2020) by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/124), regs. 1, 3(2)

[F7 Temporary removal of requirement to hold meeting of local review body in public during Coronavirus emergency period S

7A.— (1) Regulation 7 applies during the emergency period as if—

(a) paragraph (2) were omitted, and

(b) in paragraphs (3) and (4) for “, time and place” there were substituted “and time”.

(2) For the purposes of this regulation, “emergency period” is the period beginning on 24 April 2020 and ending [F8 at the end of 30 September 2021].]

Textual Amendments

F7 Reg. 7A inserted (24.4.2020) by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020 (S.S.I. 2020/124), regs. 1, 3(3)

F8 Words in reg. 7A(2) substituted (29.9.2021) by The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021 (S.S.I. 2021/292), regs. 1(1), 9(2)

Review on failure to determine the application S

8.—(1) An applicant may require the local review body to review the case under section 43A(8)(c) of the Act if the appointed officer has failed to give to the applicant notice of their decision or determination within the period allowed for determination of the application.

(2) The period prescribed for the purposes of section 43A(8)(c) of the Act is—

(a) in the case of an application for planning permission for EIA development, the period of four months after the validation date; F9 ...

[F10 (aa) in the case of an application for multi-stage consent for EIA development, the period of four months after the validation date; and]

(b) in any other case, the period of two months after the validation date.

(3) The period prescribed for the purposes of section 43A(17) of the Act is the period of three months beginning on the date when the requirement to review is made by virtue of section 43A(8)(c) of the Act.

Textual Amendments

F9 Word in reg. 8(2) omitted (14.9.2015) by virtue of The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 8(3)(a) (with reg. 8(4))

F10 Reg. 8(2)(aa) inserted (14.9.2015) by The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015 (S.S.I. 2015/249), regs. 1, 8(3)(b) (with reg. 8(4))

Notice of Review S

9.—(1) An applicant may require the local review body to review a case under section 43A(8) by giving notice in writing in accordance with this regulation.

(2) The notice of review must be served on the local review body within the period of three months beginning with, in the case of a requirement arising by virtue of—

(a) section 43A(8)(a) or (b) of the Act, the date of the notice of the decision to which the review relates;

(b) section 43(8)(c) of the Act, the date of expiry of the period allowed for determination of the application.

(3) The notice of review (on a form obtained from the planning authority) must include—

(a) the name and address of the applicant;

(b) the date and the reference number of the application in respect of which the review is required;

(c) the name and address of the representative of the applicant (if any) and whether any notice or other correspondence which is required by these Regulations to be sent to the applicant should be sent to the representative instead of the applicant; and

(d) a statement setting out the applicant's reasons for requiring the local review body to review the case and by what, if any, procedure (or combination of procedures) mentioned in regulation 13(4) the applicant considers the review should be conducted.

(4) Subject to paragraph (5)—

(a) all matters which the applicant intends to raise in the review must be set out in the notice of review or in the documents which accompany the notice of review; and

(b) all documents, materials and evidence which the applicant intends to rely on in the review must accompany the notice of review.

(5) In addition to matters set out in the notice of review and documents which accompany the notice of review, the applicant may raise matters and submit further documents, materials or evidence only in accordance with and to the extent permitted by regulation 15 and the Hearing Session Rules.

Notification to interested parties and publication S

10.—(1) The local review body must not later than 14 days following notification of the review—

(a) send an acknowledgement of the notice of review to the applicant and inform the applicant how documents related to the review may be inspected; and

(b) give notice of the review to each interested party.

(2) Notice under paragraph (1)(b) may be given—

(a) by post to any interested party notified or consulted under the Act other than by newspaper advertisement; and

(b) by post or by advertisement in a newspaper circulating in the locality where the proposed development is situated, to any other interested party.

(3) Notice under paragraph (1)(b) is to—

(a) state the name of the applicant and the address of the site to which the review relates;

(b) describe the application;

(c) state that copies of any representations previously made with respect to the application, will be considered by the local review body when determining the review;

(d) state that further representations may be made to the local review body and include information as to how any representations may be made, by what date they must be made and that a copy of the representation will be sent to the applicant for comment; and

(e) state how a copy of the notice of review and other documents related to the review may be inspected.

(4) An interested party may, within 14 days beginning with the date on which notice is given under paragraph (1)(b) make representations in respect of the review to the local review body.

(5) The local review body must send a copy of any representations received under paragraph (4) to the applicant and must inform the applicant how and by what date (being a date not less than 14 days after the date on which such copy is sent under this paragraph) the applicant may make comments to the local review body on such representations.

(6) The applicant may, on or before that date, make comments on such representations to the local review body.

Publication of review documents S

11.—(1) The planning authority must, in relation to a review, make a copy of—

(a) the review documents;

(b) any notice given under regulation 10(1); and

(c) any procedure notice,

available for inspection at an office of the planning authority until such time as the review is determined.

(2) The planning authority are until such time as the review is determined to afford to any person who so requests the opportunity to inspect and, where practicable, take copies of any review documents (or any part thereof).

PART 4 S Procedure for Determination

Determination without further procedure S

12.  Where the local review body consider that the review documents provide sufficient information to enable them to determine the review, they may determine the review without further procedure.

Decision as to procedure to be followed S

13.—(1) Where the local review body do not determine the review without further procedure, the local review body may determine the manner in which the review is to be conducted and are to do so in accordance with this regulation.

(2) The local review body may determine at any stage of the review that further representations should be made or further information should be provided to enable them to determine the review.

(3) Where the local review body so determine, the review or a stage of the review 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; and

(c) by means of an inspection of the land to which the review relates.

(5) Where the local review body consider that such further representations should be made or information should be made available or provided by means of—

(a) written submissions, regulation 15 applies;

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

(c) an inspection of the land, regulation 16 applies.

(6) Notices given under regulation 15(1) or rule 1(1) of the Hearing Session Rules may be given separately or combined into a single notice.

Pre-examination meetings S

14.—(1) The local review body may hold a meeting (“a pre‑examination meeting”) to consider the manner in which the review or any stage of the review is to be conducted with a view to securing that the review or any stage of the review is conducted efficiently and expeditiously.

(2) The local review body are to determine (and may subsequently vary) the date, time and place for the holding of a pre-examination meeting.

(3) The local review body must give such notice of the holding of a pre-examination meeting and of the date, time and place where it is to be held (and any subsequent variation thereof) as may appear to the local review body to be reasonable in the circumstances—

(a) where a pre-examination meeting is to be held in connection only with the conduct of a particular hearing session, to those persons entitled to appear at that hearing session; and

(b) in any other case to the applicant, to the planning authority and any interested party.

(4) The local review body are to determine the matters to be discussed and the procedure to be followed at the pre-examination meeting.

(5) In this regulation “pre-examination meeting” has the meaning given in paragraph (1).

Written submissions S

15.—(1) Where the local review body has determined that further representations should be made or further information should be provided by means of written submissions, the local review body may request such further representations or information and is to do so by giving written notice to that effect to—

(a) the applicant; and

(b) any other body or person from whom the local review body wishes to receive further representations or information.

(2) The procedure notice given under paragraph (1) is to—

(a) set out the matters on which such further representations or information is requested;

(b) specify the date by which such further representations or information are to be sent to the appointed person; and

(c) provide the name and address of any body or person to whom the procedure notice is given.

(3) Any further representations made or information provided in response to the procedure notice (“the procedure notice response”) are to be sent to the local review body on or before the date specified for that purpose in the procedure notice and a copy of any procedure notice response is to be sent on or before that date to any other person or body to whom the procedure notice was given.

(4) Within a period of 14 days from receipt of a copy of the procedure notice response, any body or person to whom the procedure notice was given—

(a) may send comments to the local review body in reply to the procedure notice response; and

(b) must when doing so send a copy of such comments to any other person or body to whom the procedure notice was given.

(5) A copy of any procedure notice response or any comments required to be sent to a body or person under this regulation is to be sent to the body or person at the address provided for the body or person in the procedure notice.

(6) In this regulation “procedure notice response” has the meaning given in paragraph (3).

Site inspections S

16.—(1) The local review body may at any time make—

(a) an unaccompanied inspection of the land to which the review relates; or

(b) an inspection of the land in the company of such of the persons notified under paragraph (3) as desire to attend the inspection.

(2) Where the local review body intend to make an unaccompanied inspection, the local review body are to inform the applicant that they propose to do so.

(3) Where the local review body intend to make an accompanied inspection, the local review body are to give such notice of the date and time of the proposed inspection as may appear to them to be reasonable in the circumstances to—

(a) the applicant; and

(b) any interested party.

(4) The local review body is not bound to defer an inspection if any person to whom notice was given under paragraph (3) is not present at the time appointed.

New evidence S

17.—(1) If, after the conclusion of any further procedure conducted by virtue of regulation 13, the local review body propose to take into consideration any new evidence which is material to the determination of the review, the local review body must not reach a decision on the review without first affording the applicant and any other relevant party an opportunity of making representations on such new evidence.

(2) In this regulation “relevant party” means—

(i) where the new evidence relates to a specified matter considered at a hearing session, any person entitled to appear at that hearing session;

(ii) where the new evidence relates to matters in respect of which further written representations or information was sought by a procedure notice under regulation 15, any person to whom such notice was sent.

PART 5 S General

National security S

18.  The validity of a notice of review is not affected by failure to disclose information as to—

(a) national security; and

(b) the measures taken, or to be taken, to ensure the security of any premises or property,

where the notice of review is accompanied by a written statement from the applicant that, in the opinion of the applicant, the information relates to the matters mentioned in paragraph (a) or (b) above, and that public disclosure of that information would be contrary to the national interest.

Further copies of documents etc. S

19.—(1) The local review body may require any person who has submitted documents, materials or evidence under these Regulations in connection with the review to—

(a) provide to the local review body such number of additional copies of such of those documents, materials or evidence as they may specify; and

(b) provide to such other persons as they may specify such copies or additional copies of any documents, materials or evidence as they may specify.

(2) The planning authority must, until such time as the review is determined, make copies of such documents, materials or evidence provided under paragraph (1)(a) available for inspection at an office of the planning authority and, where practicable, must afford any person who so requests a reasonable opportunity of taking copies of such documents (or any part thereof).

Compliance with development management procedures S

20.  The local review body must, to the extent not already done so, comply with regulations 18 (notification by the planning authority), 19 (notification of minerals applications), 20 (publication of application by the planning authority) and 25 (consultation by the planning authority) of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 M3 before determining the review.

Marginal Citations

M3 S.S.I. 2013/155.

Appointment of assessor S

21.—(1) The local review body may appoint a person to sit with the local review body at a hearing session to advise them on such matters arising as they may specify (“an assessor”) and where they do so they are to notify every person entitled to appear at the hearing session of the name of the assessor and of the matters on which the assessor is to advise them.

(2) Where an assessor has been appointed, the assessor may (and if so required by the local review body, must), after the close of the hearing session, make a report in writing to the local review body in respect of the matters on which the assessor was appointed to advise.

Decision Notice S

22.—(1) The local review body must—

(a) give notice (“a decision notice”) of their decision to the applicant; and

(b) notify every person who has made (and not subsequently withdrawn) representations in respect of the review that a decision on the review has been made and where a copy of the decision notice is available for inspection.

(2) A decision notice must, in addition to the matters required by section 43A(12)(a) of the Act—

(a) in the case of an application for planning permission—

(i) include the reference number of the application;

(ii) include a description of the location of the proposed development including, where applicable, a postal address;

(iii) include a description of the proposed development (including identification of the plans and drawings showing the proposed development) for which planning permission has been granted, or as the case may be, refused;

(iv) include a description of any variation made to the application in accordance with section 32A M4 of the Act;

(v) specify any conditions to which the decision is subject;

(vi) include a statement as to the effect of section 58(2) or 59(4) of the Act, as the case may be, or where the planning authority have made a direction under section 58(2) or 59(5) of the Act, give details of that direction;

(vii) if any obligation is to be entered into under section 75 of the Act in connection with the application, state where the terms of such obligation or a summary of such terms may be inspected; and

(viii) include details of the provisions of the development plan and any other material considerations to which the local review body had regard in determining the application;

(b) in the case of an application for a consent, agreement or approval required by a condition imposed on a grant of planning permission include—

(i) a description of the matter in respect of which approval, consent or agreement has been granted or, as the case may be, refused;

(ii) the reference number of the application; and

(iii) the reference number of the application for the planning permission in respect of which the condition in question was imposed.

(3) A decision notice must in the case of refusal or approval subject to conditions be accompanied by a notification in the terms set out in Schedule 2 to these Regulations.

Marginal Citations

M4 Section 32A was inserted into the Town and Country Planning (Scotland) Act 1997 (c.8) by section 8 of the Planning etc. (Scotland) Act 2006 (asp 17).

Electronic communications S

23.—(1) Where the criteria in paragraph (2) are met, any document required or authorised to be sent by these Regulations may be sent by electronic communications and any requirement in these Regulations that any document is to be in writing is fulfilled.

(2) The criteria are—

(a) the recipient consents, or is deemed to have agreed under paragraph (3), to receive it electronically; and

(b) that the document transmitted by the electronic communication is—

(i) capable of being accessed by the recipient;

(ii) legible in all material respects; and

(iii) sufficiently permanent to be used for subsequent reference.

(3) The local review body and any person sending a document using electronic communications are to be taken to have agreed—

(a) to the use of such communications for all purposes relating to the review which are capable of being carried out electronically; and

(b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, that communication.

(4) Deemed agreement under paragraph (3) shall subsist until that person gives notice to revoke the agreement.

(5) Notice of withdrawal of consent to the use of electronic communications or of revocation of agreement under paragraph (4) takes effect on a date specified by the person in the notice, but not less than seven days after the date on which the notice is given.

(6) In this regulation—

“address” includes any number or address used for the purpose of such communications or storage;

“document” includes any notice, consent, agreement, decision, representation, statement, report or other information or communication;

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000 M5 ;

“legible in all material respects” means that the information contained in the document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form; and

“sent” includes served, submitted or given and cognate expressions are to be construed accordingly.

Marginal Citations

M5 2000 c.7. Section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).

Revocations, saving and transitional provisions S

24.—(1) Subject to paragraph (3), the provisions specified in paragraph (2) are revoked.

(2) The provisions are—

(a) the 2008 Regulations M6 ;

(b) regulation 5 of the Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009 M7 ; and

(c) regulation 4 of the Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2011 M8 .

(3) In relation to a hearing session or inquiry session in respect of which notice is given under paragraph 1(1) of Schedule 1 (hearing session rules) of the 2008 Regulations before 30th June 2013—

(a) Schedule 1 (hearing session rules) of the 2008 Regulations continues to have effect as it did immediately before that date; and

(b) the Hearing Session Rules contained in these Regulations do not apply.

(4) In this regulation “the 2008 Regulations” means the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008.

Marginal Citations

M6 S.S.I. 2008/433 as amended by S.S.I. 2009/220, 2011/138 and 2012/325.

M7 S.S.I. 2009/220.

M8 S.S.I. 2011/138.

DEREK MACKAY

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

Regulation 2

SCHEDULE 1 S Hearing Session Rules

Procedure notice and specified matters S

1.—(1) Where the local review body have determined that a hearing session should be held the local review body are to give written notice to that effect to—

(a) the applicant;

(b) any interested party who made representations in relation to specified matters; and

(c) any other body or person from whom the local review body wish to receive further representations or to provide further information on specified matters at a hearing session.

(2) The notice given under paragraph (1) is to specify the matters which are to be considered at the hearing session.

(3) Only specified matters are to be considered at the hearing session.

(4) A person or body given notice under paragraph (1) and who intends to appear at the hearing session must within 14 days of the date of such notice inform the local review body in writing of that intention.

Appearances at hearing session S

2.  The persons entitled to appear at a hearing session are—

(a) the applicant; and

(b) any other person or body who, in response to a procedure notice, has informed the local review body of their intention to appear at the hearing session in accordance with rule 1(4).

Date and notification of hearing session S

3.—(1) The date, time and place at which the hearing session is to be held is to be determined (and may subsequently be varied) by the local review body.

(2) The local review body are to give to those persons entitled to appear at the hearing session such notice of the date, time and place fixed for the holding of a hearing session (and any subsequent variation thereof) as may appear to the local review body to be reasonable in the circumstances.

Service of hearing statements and documents S

4.—(1) A person entitled to appear at the hearing session must, by such date as the local review body may by notice specify, send to the local review body, the applicant and to such other persons entitled to appear at the hearing session as the local review body may specify in such notice—

(a) a hearing statement; and

(b) where that person intends to refer to or rely on any documents when presenting their case—

(i) a list of all such documents; and

(ii) a copy of every document (or the relevant part of a document) on that list which is not already available for inspection under regulation 11 or 19(2) or paragraph (2) of this rule.

(2) The planning authority, until such time as the review is determined, are to afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any hearing statement or other document (or any part thereof) which, or a copy of which, has been sent to the local review body in accordance with this rule.

(3) Any person who has served a hearing statement in accordance with this rule must—

(a) when required by notice in writing from the local review body provide such further information about the matters contained in the statement as the local review body may specify; and

(b) at the same time send a copy of such further information to any other person on whom the hearing statement has been served.

(4) Different dates and different persons may be specified for the purposes of paragraphs (1)(a) and (b).

(5) In this rule, “hearing statement” means, and is comprised of—

(a) a written statement which fully sets out the case relating to the specified matters which a person proposes to put forward at a hearing session;

(b) a list of documents (if any) which the person putting forward such case intends to refer to or rely on; and

(c) a list of any other persons who are to speak at the hearing session in respect of such case, any matters which such persons are particularly to address and any relevant qualifications of such persons to do so.

Procedure at hearing S

5.—(1) Except as otherwise provided in these Hearing Session Rules, the local review body shall determine the procedure at a hearing session.

(2) The local review body, having considered any submission by the persons entitled to appear at the hearing session, are to state at or before the commencement of the hearing session the procedure which the local review body propose to adopt and in particular are to state—

(a) the order in which the specified matters are to be considered at the hearing session; and

(b) the order in which the persons entitled to appear at the hearing session are to be heard in relation to a specified matter (a different order may be chosen for different specified matters).

(3) Any person entitled to appear may do so on that person's own behalf or be represented by another person.

(4) Where there are two or more persons having a similar interest in the issues being considered at the hearing session, the local review body may allow one or more persons to appear on behalf of some or all of any persons so interested.

(5) A hearing shall take the form of a discussion led by the local review body and cross‑examination is not permitted unless the local review body consider that cross‑examination is required to ensure a thorough examination of the issues.

(6) Subject to paragraph (7) a person entitled to appear at a hearing session is entitled to call evidence.

(7) The local review body may refuse to permit—

(a) the giving or production of evidence;

(b) the cross‑examination of persons giving evidence; or

(c) the presentation of any other matter,

which the local review body consider to be irrelevant or repetitious.

(8) The local review body may proceed with a hearing session in the absence of any person entitled to appear at the hearing session.

(9) The local review body may from time to time adjourn the hearing session and are to give such notice of the date, time and place of the adjourned hearing session to the persons entitled to appear at the hearing session as may appear to them to be reasonable in the circumstances unless such date, time and place are announced before the adjournment, no further notice is required.

Regulation 22

SCHEDULE 2 S NOTICE TO ACCOMPANY REFUSAL ETC.

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision in connection with the preparation and content of schemes of delegation under section 43A(1) of the Town and Country Planning (Scotland) Act 1997 (c.8) (“the Act”) and the procedure for reviews held by virtue of section 43A(8) of the Act. They replace and revoke the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008.

Part 2 of the Regulations relates to schemes of delegation. Section 43A(1) as introduced into the Act by section 17 of the Planning etc. (Scotland) Act 2006 (asp 17) requires a planning authority to prepare a scheme of delegation by which applications for planning permission and for consent, agreement or approval required by a condition imposed on a grant of planning permission are to be determined by an appointed person. This person is defined in regulation 2 as the “appointed officer”. Regulation 3 makes provision in relation to the content of a scheme of delegation. Regulation 4 requires a planning authority to send a copy of the proposed scheme of delegation to the Scottish Ministers and that they may not adopt the scheme until it has been approved by the Scottish Ministers. Regulation 5 sets out the manner of publication of the adopted scheme. Section 43A(1)(b) of the Act requires a planning authority to prepare a scheme of delegation at such intervals as may be provided for in regulations and regulation 6 sets this period at no greater than every five years.

Part 3 of the Regulations makes provision in relation to the time period within which a review of a case must be made and the manner in which a review is to be required and the form which the review is to take. Regulation 7 provides that the review is to be conducted by a committee of the planning authority to be known as the local review body. The meetings of this committee are to be held in public and notification of the date, place and time of the meetings is to be given to the applicant and interested parties. Regulation 8 provides that an applicant may require a review of the case if the appointed officer has not determined it within the period allowed for determination of the application. This is a period of 2 months (or 4 months in the case of EIA development) or such extended period as is agreed between the applicant and the appointed officer. Regulation 8(3) provides that, in the event that the local review body do not then determine such a review within 3 months of the review being required, the applicant may appeal the case to the Scottish Ministers under section 47 of the Act by virtue of section 43A(17) of the Act.

Regulation 9 sets out the requirements for the form and content of the notice of review and the documents which must accompany such notice. Regulation 9(2) requires the notice of review to be given to the local review body within three months of the date of the appointed officer's decision or of expiry of the period within the application should have been determined. Regulation 10 makes provision for notification and publication of the review and gives interested parties an opportunity to make representations on the case to the local review body. The applicant is given the right to respond to any such representations. Regulation 11 requires the planning authority to make the documents relating to the review available for inspection and, where practicable, to allow copies to be made of such documents.

Part 4 of the Regulations relates to the process of determination of the review. Where the local review body consider that they have sufficient information available to them to determine the case they may, under regulation 12, do so without seeking any further representations and without any further procedure. The local review body may consider further procedure is needed before determining the case and may under regulation 13 require further procedure. The procedures available are those described in regulation 13(4) and the procedures to be followed are, in terms of regulation 13(5), those set out in regulation 15, the Hearing Session Rules in Schedule 1 and regulation 16. Regulation 14 makes provision for the holding of pre‑examination meetings to consider how the review may be conducted.

Regulation 15 sets out the process by which further representations may be made or information provided by means of written submissions. Regulation 16 makes provision for site inspections by the local review body. Regulation 17 requires the local review body to afford the applicant and other parties a further opportunity to make representations in respect of any new and material evidence which they propose to take into account in determining the case.

Part 5 of the Regulations contains provisions relating to the disclosure of information relating to security (regulation 18), the provision of further copies of documents (regulation 19), the appointment of an assessor to advise the local review body (regulation 21) and the use of electronic communications (regulation 23). Regulation 20 requires the local review body to comply with consultation and notification requirements in connection with an application under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 to the extent that they have not already been met. Regulation 22 and Schedule 2 make provision for the content and publication of the decision of the local review body.

Where a local review body determine that a hearing session should be held to consider aspects of the case, the Hearing Session Rules in Schedule 1 provide for who is to be notified of the hearing and what matters it is to deal with (rule 1) and who is entitled to appear at the hearing session (rule 2), notice of the date, place and time of the hearing session (rule 3), the provision of documents to the local review body and other parties (rule 4) and the conduct of and procedure to be followed at the hearing session (rule 5).