Planning Circular 4/2013: Planning appeals

Guidance on the procedural requirements relating to appeals made to the Scottish Ministers in various planning consent and enforcement cases.


TRANSITIONAL PROVISIONS

106. Regulation 33 contains a transitional provision for appeals against decisions on, or the failure to determine, applications for advertisement consent. In bringing these cases within the modernised appeals process, the period for making an appeal in such cases is reduced to three months. The transitional provision means that where the right of appeal arose before 30 June 2013, the six month period for making an appeal will remain.

107. The period for making an appeal against a discontinuance notice is also amended so that a recipient can appeal in the period before the discontinuance notice takes effect instead of within the previously stipulated 28 day period.

108. Regulation 34 and schedule 5 set out the revocation of the previous 2008 Regulations and subsequent amendments to them which are now incorporated in the 2013 regulations. This regulation also preserves the version of the Hearing Session Rules and Inquiry Session Rules contained in the 2008 Regulations where notice of such session was issued prior to 30 June 2013. These rules have been amended slightly with regard to hearing statements and the making available of information to the public (see paragraph 7).

Contact

EmaiL: Scottish Government Planning, sgplanning@scotland.gsi.gov.uk

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