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

Service of statements of case – planning authority

7.—(1) Subject to paragraphs (3) and (4) of this rule, the planning authority shall, not later than–

(a) where no pre-inquiry meeting is held pursuant to rule 5, 8 weeks after the relevant date, or

(b) where a pre-inquiry meeting is held pursuant to rule 5, 4 weeks after the conclusion of that meeting,

and in any case not later than 4 weeks before the date fixed for the holding of the inquiry, serve a statement of case on the Secretary of State, the applicant and any statutory party.

(2) The planning authority shall include in or attach to their statement of case–

(a) except insofar as already provided, copies of all representations received by them in relation to the application or appeal;

(b) where relevant, the conditions (if any) which they presently consider should be imposed in the event that the Secretary of State decides that permission be granted; and

(c) where a direction is given or a view expressed in terms of rule 4(3) (unless already contained in an outline statement), the terms of that direction or, as the case may be, that statement of view, and of the statement of reasons relating to it, and in that case shall serve a copy of the statement of case on the person or body concerned.

(3) Where, having regard to the number of representations received in the case of an application or appeal relating to a development to which section 34 of the Act applies, the planning authority consider it expedient, they may, instead of supplying or serving copies of all such representations as required by paragraph (2)(a) of this rule, include a summary of those representations in their statement of case.

(4) Where, having regard to the number of statutory parties and the length of the planning authority’s statement of case, the Secretary of State or a reporter considers it expedient, he may, at the request of the planning authority, authorise them, instead of serving a copy of that statement of case and of the representations on all statutory parties on whom any document requires to be served in accordance with rule 13(3), to give notice to all statutory parties (whether or not that party is required to serve a statement of case in terms of rule 9(1)) stating the time and place at which the statement of case and the representations may be inspected by all statutory parties; and the authority shall afford them a reasonable opportunity to inspect and, where practicable, to take copies of the statement and the representations.