Statutory Instrument 1990 No. 507 (S.65)

The Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Regulations 1990

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1990 No. 507 (S.65)

TOWN AND COUNTRY PLANNING, SCOTLAND

The Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Regulations 1990

The Secretary of State, in exercise of the powers conferred on him by sections 267B and 273 of the Town and Country Planning (Scotland) Act 1972^[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement
    1.    These Regulations may be cited as the Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Regulations 1990 and shall come into force on 31st March 1990.

Interpretation
    2.    In these Regulations, unless the context otherwise requires-
"the Act" means the Town and Country Planning (Scotland) Act 1972;


"the 1984 Act" means the Town and Country Planning Act 1984^[2];


"appeals questionnaire" means a document in the form supplied by the Secretary of State to planning authorities for the purpose of proceedings under these Regulations;


"application" means the application to which the appeal relates and, in the case of an appeal under any of the provisions listed in paragraphs 3, 4, 6 and 7 of the Schedule, includes the notice to which the appeal relates;


"planning authority" means the planning authority who were responsible for dealing with an application or serving a notice;


"Schedule" means the Schedule to these Regulations;


"written submissions" includes any supporting documents.

Application
    3.—(1)  These Regulations shall apply where, after they come into force, a person appealing to the Secretary of State under any of the statutory provisions listed in the Schedule informs the Secretary of State that he wishes the appeal to be disposed of on the basis of written submissions.

    (2)  Where-
 (a) an appeal under any of the statutory provisions listed in the Schedule is being disposed of otherwise than on the basis of written submissions;
 (b) the appellant and the planning authority inform the Secretary of State that they wish it to be disposed of on the basis of written submissions; and
 (c) the Secretary of State agrees;
these Regulations thereafter shall apply to the proceedings to such extent as the Secretary of State may specify having regard to any steps already taken in the proceedings.

    (3)  These Regulations shall cease to apply to proceedings if the Secretary of State informs the parties that the appeal is to be disposed of other than on the basis of written submissions.

Notice to interested persons
    4.—(1)  The planning authority shall give notice of the appeal and of the appellant's wish to have the appeal disposed of on the basis of written submissions-
 (a) by post to any person notified or consulted under the Act by them other than by newspaper advertisement and who made representations to the planning authority in connection with the application; and
 (b) by post or by advertisement in a newspaper circulating in the locality where the proposed development is situated, to any person who made representations to the planning authority in connection with the application.

    (2)  A notice under paragraph (1) shall-
 (a) be given not later than 14 days after receiving from the appellant or the Secretary of State notification of the appeal and of the appellant's wish to have the appeal disposed of on the basis of written submissions;
 (b) state the name of the appellant and the address of the site to which the appeal relates;
 (c) describe the application;
 (d) state that copies of any representations previously made to the planning authority by any person mentioned in paragraph (1), other than representations which the maker thereof has asked to be treated as confidential, will be sent to the Secretary of State and the appellant; and will be considered by the Secretary of State when determining the appeal unless within 14 days of the date of receipt of the notice the person who made the representations asks the Secretary of State to disregard them; and
 (e) state that any written submissions in relation to the appeal shall be sent to the Secretary of State within 14 days of the date of receipt of the notice, or of the date of publication in a newspaper as the case may be.

Appeals questionnaire
    5.—(1)  In appeals under any of the provisions listed in paragraph 1 of the Schedule, the planning authority shall, not later than 14 days after receiving notification of the appeal and of the appellant's wish to have the appeal disposed of on the basis of written submissions, send to the Secretary of State-
 (a) a completed appeals questionnaire;
 (b) 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 planning authority shall at the same time send to the appellant a copy of the appeals questionnaire and of all documents sent to the Secretary of State under paragraph (1)(b).

Written submissions
    6.—(1)  In appeals under any of the provisions listed in paragraph 1 of the Schedule, the planning authority at the same time as submitting the appeals questionnaire and the documents sent with it under regulation 5(1) shall inform the Secretary of State either that the appeals questionnaire and documents comprise their written submissions or that they intend to send him further written submissions.

    (2)  In appeals under any of the provisions listed in paragraphs 3, 4 and 6 of the Schedule, the planning authority at the same time as sending a statement under regulation 6 of the Town and Country Planning (Enforcement of Control) (Scotland) Regulations 1984^[3] shall inform the Secretary of State either that the statement comprises their written submissions or that they intend to send him further written submissions.

    (3)  In appeals under any of the provisions listed in paragraphs 2, 5, 7 and 8 of the Schedule and where the planning authority have informed the Secretary of State under paragraph (1) or (2) that they intend to send him further written submissions, they shall send him written submissions not later than 28 days after receiving notification of the appeal and of the appellant's wish to have it disposed of on the basis of written submissions and shall at the same time send the appellant a copy of the submissions.

    (4)  The appellant may make further written submissions to the Secretary of State in reply to the planning authority not later than 14 days after the receipt by him of any of the planning authority's written submissions and shall send to the planning authority at the same time a copy of any further written submissions he makes.

    (5)  Any interested party may make written submissions to the Secretary of State not later than 28 days after the date on which the appeal is received by the Secretary of State and where the Secretary of State sends to the appellant and the planning authority a copy of any such submissions, he shall allow them a period of not less than 14 days in which to reply to them.

Power to set later time limits
    7.    The Secretary of State may in a particular case give directions extending or setting later time limits than those prescribed by these Regulations.

Decision on appeal
    8.—(1)  The Secretary of State may proceed to a decision on an appeal taking into account only such written submissions as have been sent to him within the relevant time limits.

    (2)  The Secretary of State may, after giving written notice to the appellant and the planning authority of his intention to do so, proceed to a decision on an appeal notwithstanding that no written submissions have been made to him within the relevant time limits if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.

    (3)  In this regulation, "relevant time limits" means the time limits prescribed by, or set by direction of the Secretary of State under, these Regulations.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office
St. Andrew's House, Edinburgh

6th March 1990

[1] 1972 c. 52; section 267B was inserted by paragraph 41 of Schedule 11 to the Housing and Planning Act 1986 (c. 63). back

[2] 1984 c. 10. back

[3] S.I. 1984/236. back

Explanatory Note