The Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations2010

Contents

Part 1 · Preliminary

1Citation, commencement and application#

(1)These Regulations may be cited as the Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations2010 and come into force on 1stFebruary 2011.

(2)These Regulations apply to applications made under section75E of the Act and to appeals made under section75F of the Act.

2Interpretation#

In these Regulations—• “the Act” means the Town and Country Planning (Scotland) Act1997;• “application” means an application for modification or discharge of an obligation entered into under a good neighbour agreement;• “community body” means the community body (within the meaning of section75D(2) of the Act) which entered into the good neighbour agreement to which the application relates; and• “interested party” means, other than where such a person is the applicant—(a) the community body;(b) the owner of the land to which the obligation in respect of which the application is made relates; and(c) any other person against whom the obligation is enforceable.

Part 2 · Applications for modification or discharge of an obligation

3Form and content of an application for modification or discharge of an obligation#

(1)An application to a planning authority for modification or discharge of an obligation entered into under a good neighbour agreement is to be made in accordance with this regulation.

(2)An application is to be made in writing and is to—

(a)contain the postal address of the land to which the obligation relates, or if the land in question has no postal address, a description of the location of the land;

(b)be accompanied by a plan sufficient to identify that land;

(c)be accompanied by a copy of the good neighbour agreement containing the obligation to which the application relates or otherwise contain sufficient information to identify that obligation;

(d)contain the name and address of the applicant and, where an agent is acting on behalf of the applicant, the name and address of that agent;

(e)state if the applicant is a community body and, if not, state the relationship of the applicant to the land to which the obligation relates and why the obligation is enforceable against the applicant;

(f)state whether the applicant seeks the modification or discharge of the obligation and, if modification of the obligation is sought, set out the changes which the applicant wishes to be made to the obligation;

(g)set out the grounds on which the applicant seeks modification or discharge of the obligation;

(h)be accompanied by, a statement setting out (to the extent known to the applicant)—

(i)the names of the other parties to the good neighbour agreement and of other interested parties; and

(ii)the address at which such parties may be contacted; and

(i)be accompanied by evidence that the applicant has attempted to reach agreement regarding the modification or discharge of the obligation but has been unable to do so.

4Validation date#

An application under regulation3 is to be taken to have been made on the date on which the last of the items or information required in accordance with that regulation is received by the planning authority.

5Notification of application#

(1)Subject to paragraph (3), a planning authority must notify every interested party in accordance with this regulation that an application has been made.

(2)The notice to be given in accordance with paragraph(1) must—

(a)state the name of the applicant;

(b)describe the obligation and the good neighbour agreement within which it is contained and state that an application for modification or discharge of the obligation has been made;

(c)be accompanied by a copy of the application; and

(d)state that representations may be made to the planning authority and include information as to how any representations may be made and by which date they must be made (being a date not earlier than 21days after service of the notice).

(3)The planning authority are not required to make any investigation as to the identity or whereabouts of an interested party and it shall be sufficient for the purposes of this regulation that notice is given to those persons detailed in the statement referred to in regulation3(2)(h) at the address given in that statement.

6Further information#

A planning authority may, in addition to the particulars, documents, materials or information which are to be included in or accompany an application in accordance with regulation3, require from the applicant further particulars, documents, materials or information which they consider that they require to enable them to deal with the application.

7Determination of application#

(1)The planning authority are to give notice of their determination to an applicant under section 75E(6) of the Act within the period of twomonths after the date on which the application is taken to have been made in accordance with regulation 4.

(2)The planning authority must when giving notice of their determination to the applicant send a copy of that notice to every interested party.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8Notice of determination#

A notice of determination must include—

(a)a statement of the terms of the planning authority’s decision and the reasons on which the authority based that decision;

(b)the reference number of the application;

(c)where the good neighbour agreement was entered into in connection with the grant of planning permission, the reference number given to the application for such permission by the planning authority; and

(d)information regarding the right to appeal under section 75F in the terms set out in the Schedule to these Regulations.

Part 3 · Appeals

9Application of Town and Country Planning (Appeals) (Scotland) Regulations 2008#

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 4 · General

10Electronic communications#

(1)Where the criteria in paragraph(2) are met, any document required or authorised to be sent by these Regulations may be sent by electronic communications and any requirement in these Regulations that any document is to be in writing is fulfilled.

(2)The criteria are—

(a)the recipient consents, or is deemed to have agreed under paragraph(3), to receive it electronically; and

(b)the document transmitted by the electronic communication is—

(i)capable of being accessed by the recipient;

(ii)legible in all material respects; and

(iii)sufficiently permanent to be used for subsequent reference.

(3)Any person sending a document using electronic communications is to be taken to have agreed—

(a)to the use of such communications for all purposes relating to the application or appeal, as the case may be, which are capable of being carried out electronically; and

(b)that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, that communication.

(4)Deemed agreement under paragraph(3) shall subsist until that person gives notice to revoke the agreement.

(5)Notice of withdrawal of consent to the use of electronic communications or of revocation of agreement under paragraph(4) takes effect on a date specified by the person in the notice, but not less than seven days after the date on which the notice is given.

(6)In this regulation—• “document” includes any notice, consent, agreement, decision, representation, statement or other information or communication;• “legible in all material respects” means that the information contained in the document is available to the recipient to no lesser extent than it would be if sent by means of a document in printed form; and• “sent” includes given and, in relation to representations or an application, includes made cognate expressions are to be construed accordingly.

Schedule · Information regarding appeal under SECTION75F

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 7

Show every defined term

application
means an application for modification or discharge of an obligation entered into under a good neighbour agreement;
community body
means the community body (within the meaning of section75D(2) of the Act) which entered into the good neighbour agreement to which the application relates;
document
includes any notice, consent, agreement, decision, representation, statement or other information or communication;
interested party
means, other than where such a person is the applicant— (a) the community body;
legible in all material respects
means that the information contained in the document is available to the recipient to no lesser extent than it would be if sent by means of a document in printed form;
sent
includes given and, in relation to representations or an application, includes made cognate expressions are to be construed accordingly.
the Act
means the Town and Country Planning (Scotland) Act1997;

The Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations2010

Part 1 · Preliminary

1Citation, commencement and application#

2Interpretation#

Part 2 · Applications for modification or discharge of an obligation

3Form and content of an application for modification or discharge of an obligation#

4Validation date#

5Notification of application#

6Further information#

7Determination of application#

8Notice of determination#

Part 3 · Appeals

9Application of Town and Country Planning (Appeals) (Scotland) Regulations 2008#

Part 4 · General

10Electronic communications#

Schedule · Information regarding appeal under SECTION75F

Defined terms · 7

Connections

History · 3 versions

Key facts

Part 1 · Preliminary

1Citation, commencement and application#

2Interpretation#

Part 2 · Applications for modification or discharge of an obligation

3Form and content of an application for modification or discharge of an obligation#

4Validation date#

5Notification of application#

6Further information#

7Determination of application#

8Notice of determination#

Part 3 · Appeals

9Application of Town and Country Planning (Appeals) (Scotland) Regulations 2008#

Part 4 · General

10Electronic communications#

Schedule · Information regarding appeal under SECTION75F