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

Interpretation

3.—(1) In these Rules, unless the context otherwise requires–

“the Act” means the Town and Country Planning (Scotland) Act 1997(1);

“appeals questionnaire” means a document in the form supplied by the Secretary of State for the purpose of proceedings under these Rules;

“applicant” in the case of an appeal means the appellant;

“the application” means the application to which the inquiry relates;

“assessor” means a person appointed by the Secretary of State to sit with a reporter at an inquiry or re-opened inquiry to advise the reporter on such matters arising as the Secretary of State may specify;

“consulted person” means an authority or person consulted by the planning authority in compliance with a requirement imposed by virtue of–

(a)

section 43(1)(c) of the Act;

(b)

regulation 16 of the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984(2); or

(c)

regulation 11 of the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993(3);

“document” includes, in addition to a document in writing–

(a)

any map, plan, graph or drawing;

(b)

any photograph;

(c)

any disc, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(d)

any film, negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom;

“the Hazardous Substances Act” means the Planning (Hazardous Substances) (Scotland) Act 1997(4);

“inquiry” means a local inquiry to which these Rules apply;

“the land” means the land (including trees and buildings) to which the inquiry relates or, in the case of an inquiry relating to an advertisement, the land on which the advertisement is or is to be displayed;

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(5);

“listed building consent” means consent required by section 7(1) to (3) of the Listed Buildings Act in respect of works for the demolition, alteration or extension of a listed building and the consent required by those subsections as applied by section 66 of the Listed Buildings Act for works for the demolition of any building in a conservation area;

“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry together with a list (so far as then known) of the documents (if any) which that person intends to refer to, rely on or put in evidence;

“permission” includes consent;

“planning authority” means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(6) which was responsible for dealing with the application (or in the case of a referred application would have been so responsible had it not been referred to the Secretary of State) or for service of the notice, as the case may be;

“precognition” means a written statement of the evidence which it is proposed that a witness will give to the inquiry;

“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;

“referred application” means an application referred to the Secretary of State under section 46 of the Act or that section as applied by a tree preservation order, under section 11 of the Listed Buildings Act (listed building consent), under regulations made under section 182 of the Act (control of advertisements), or under section 18 of the Hazardous Substances Act;

“relevant date” means the date of the Secretary of State’s written notification to the planning authority of his intention to proceed with the consideration of the application or appeal by causing an inquiry to be held;

“relevant notice” means the Secretary of State’s written notification to the planning authority of his intention to proceed with the consideration of the application or appeal by causing an inquiry to be held;

“reporter” means the person appointed by the Secretary of State to hold the inquiry and to report thereon to him;

“statement of case” means, and is comprised of–

(a)

a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry; and

(b)

a list of documents (if any) which the person putting forward that case intends to refer to, rely on or put in evidence;

“statutory party” means–

(a)

any consulted person from whom representations are received whether by the planning authority or by the Secretary of State;

(b)

in relation to an application which is an application for planning permission, any person, being the owner or the agricultural tenant of land to which the application relates, from whom representations were received within the period prescribed by virtue of section 38(2) of the Act;

(c)

any other person from whom representations were received, whether by the planning authority or by the Secretary of State, before the end of the period mentioned in section 38(1) of the Act or, in the case of an application affecting a conservation area, before the end of the periods specified in section 65(3) of the Listed Buildings Act and, in the case of an application for development which does not accord with the development plan, before the end of any period prescribed by the Secretary of State in a direction given under article 18 of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992(7);

“trees” include groups of trees and woodlands,

and other expressions have the same meaning for the purpose of these Rules as they have for the purpose of the Act.

(2) References in these Rules to section 38 of the Act shall be construed as including where appropriate references to regulations made under section 10 of the Listed Buildings Act.

(3) Where the appeal is an appeal against a notice served under the Act, any reference in these Rules to an application shall be construed as a reference to that notice.

(4) Where the appeal is made under provisions of the Act relating to a listed building, a building in a conservation area or a tree preservation order, the reference in these Rules to–

(a) development shall be construed as a reference to works for the demolition, alteration or extension of a listed building or to works for the demolition of a building in a conservation area or to the cutting down, topping or lopping of trees, as the case may be; and

(b) permission shall be construed as a reference to listed building consent, conservation area consent or consent under a tree preservation order, as the case may be.

(1)

1997 c. 8.

(2)

S.I. 1984/467.

(3)

S.I. 1993/323, amended by S.I. 1994/2567.

(4)

1997 c. 10.

(5)

1997 c. 9.

(6)

1994 c. 39.

(7)

S.I. 1992/224, to which there are no relevant amendments.