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

Decision Notice

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(b) notify every person who has made (and not subsequently withdrawn) representations in respect of the review that a decision on the review has been made and where a copy of the decision notice is available for inspection.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(1) 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.

(1)

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).