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

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.