The Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997

Date and notification of inquiry

15.—(1) The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than–

(a) 24 weeks after the relevant date; or

(b) in a case where a pre-inquiry meeting is held pursuant to rule 5, 8 weeks after the conclusion of that meeting.

(2) Where the Secretary of State considers it impracticable to fix a date in accordance with paragraph (1), the date fixed shall be the earliest date which he considers to be practicable.

(3) Subject to paragraphs (1) and (2) of this rule, a date, time and place for the holding of the inquiry shall be fixed by the Secretary of State who shall give not less than 4 weeks' notice in writing of such date, time and place to–

(a) the applicant;

(b) the planning authority;

(c) all statutory parties at the addresses furnished by them; and

(d) any person to whom notification is required to be given under section 265(3) of the Act (notification of local inquiries).

(4) With the consent in writing of the applicant and of the planning authority the Secretary of State may give such lesser period of notice than that specified in paragraph (3) of this rule as may be agreed with them and in that event he may specify a date for service of the statements or other documents referred to in rule 7, 8 or 9 other than the date prescribed in those rules.

(5) The Secretary of State may vary the date, time and place fixed for the holding of the inquiry and he shall give such notice of the variation to the parties referred to in paragraph (3) of this rule as may appear to him to be reasonable in the circumstances.

(6) Without prejudice to the foregoing provisions of this rule and, where the Secretary of State has not already done so, he may require the planning authority to take one or more of the following steps–

(a) not less than 2 weeks before the date fixed for the holding of the inquiry, to publish in one or more newspapers circulating in the locality in which the land is situated such notices of the inquiry as he may direct;

(b) to serve notice of the inquiry in such form and on such persons or classes of persons as he may specify;

(c) to post such notices of the inquiry as he may direct in a conspicuous place or places near to the land,

but the requirements as to the period of notice contained in paragraph (3) of this rule shall not apply to any such notices.