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

Preliminary information and notice

4.—(1) In the case of an appeal, the planning authority shall, not later than 2 weeks after receiving notification of the appeal from the Secretary of State, send to the Secretary of State and to the appellant a completed appeals questionnaire and a copy of all documents relating to the case which are referred to in the completed appeals questionnaire (other than any written representations which the maker thereof has asked to be treated as confidential).

(2) The Secretary of State, if he determines that an inquiry is to be held, shall thereafter give written notice to that effect (“the relevant notice”) to the planning authority and shall send a copy of that notice to the applicant and to any statutory party.

(3) Where–

(a) the Secretary of State has given to the planning authority a direction restricting the grant of permission for the development for which the application was made or a direction as to how the application is to be determined; or

(b) any government department or local authority have expressed in writing to the planning authority the view that the application should not be granted either wholly or in part, or should be granted only subject to conditions, or, in the case of an application for consent under a tree preservation order, should be granted together with a direction requiring the replanting of trees or in the case of any application that it should be granted,

the planning authority shall inform the Secretary of State, government department or local authority concerned, as the case may be, that such direction or expression of view is relevant to the application or appeal and the Secretary of State, government department or local authority, as the case may be, shall (unless they have already done so) thereupon furnish to the planning authority a statement in writing of the reasons for the direction or expression of view.