The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Amendment Regulations 1989

Amendment

2.  Schedule 1 to the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations 1987( (1)) shall be amended as follows:—

(a) for paragraph (1) there shall be substituted the following paragraph:—

“(1) (a) section 33 of the Act (appeals against planning decisions);

(b) section 33 as applied by section 34 of the Act (appeals in default of planning decisions);

(c) section 33 of the Act (including that section as applied by section 34 of the Act) as applied by section 51 of the Act (appeals against determinations as to whether a use or operation constitutes or involves development);

(d) any of the provisions of the Act referred to in sub-paragraphs (a) to (c) above as applied by—

(i) an order made under section 58 of the Act or under section 58 of the Act and section 2 of the 1984 Act (appeals in relation to consent to felling etc of trees subject to a tree preservation order);

(ii) regulations made under section 61 of the Act (appeals in relation to consent to display of advertisements);

(iii) section 179 of the Local Government (Scotland) Act 1973( (2)) (appeals against decisions by regional planning authorities);

(iv) section 1 of the 1984 Act (appeals against planning decisions etc in relation to disposal of Crown land). ”

(b) for paragraph (3) there shall be substituted the following paragraph:—

“(3) (a) section 85 of the Act (appeals against enforcement notices);

(b) section 85 as applied by—

(i) regulations made under sections 61 and 101 of the Act (appeals in relation to enforcement of advertisement controls);

(ii) section 3 of the 1984 Act (appeals against special enforcement notices relating to development on Crown land); ” .

(1)

S.I. 1987/1531

(2)

1973 c. 65; section 179 was substituted by the Local Government and Planning (Scotland) Act 1982 (c. 43), section 69(2), Schedule 3, paragraph 24.