(This note is not part of the Rules)

These Rules amend the Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997.

The main changes are as follows:–

a

a new class of “relevant person” has been created which is defined to mean a party who has been required to serve a statement of case in terms of rule 9(1);

b

this new class of “relevant person” replaces “statutory party” in rules 7, 8 and 9, in order to clarify that copies of documents need only be copied to “relevant persons” and not to every statutory party;

c

rule 7 inserts a new rule 10A which provides for dispensing with the service of statements of case and replaces the provisions of rules 7(4), 8(2) and 9(3). Where, having regard to the length of a person’s statement of case and the number of persons on whom it would otherwise require to be served, the Secretary of State or the reporter considers it expedient to do so, he may give a direction to that person requiring him to effect service of his statement of case on the Secretary of State, the planning authority and the applicant only and to give notice to all other persons stating the time and place where they may inspect and take copies of the statement of case;

d

rule 12 amends rule 19(4) so that the applicant, the planning authority and any relevant person will be entitled to call evidence and cross-examine persons giving evidence, and to make closing statements. Any other person appearing at the inquiry may do these things only at the discretion of the reporter and only to the extent permitted by him.

There are also minor drafting amendments.