The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations2010

Contents

1Citation and commencement#

These Regulations may be cited as the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations 2010 and come into force on 1stFebruary 2011.

2Interpretation#

(1)In these Regulations—• “the Act” means the Town and Country Planning (Scotland) Act 1997;• “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; and• “the Hazardous Substances Act” means the Planning (Hazardous Substances) (Scotland) Act 1997.

3Classes of appeal for determination by appointed persons – Schedule 4 to the Act#

Subject to regulation 6, the classes of appeal prescribed for the purposes of paragraph1(1) of Schedule4 to the Act (determination of appeals by appointed person) are appeals under—

(a)section 47(1) of the Act (appeals against planning decisions);

(b)section 47(2) of the Act (appeals in default of planning decisions);

(c)section 47 of the Act as applied by—

(i)an order made under section 160 of the Act (appeals in relation to consent to felling etc of trees subject to a tree preservation order); or

(ii)regulations made under section 182 of the Act (appeals in relation to consent to display of advertisements);

(d)section 75B of the Act (appeals relating to the modification or discharge of planning obligations);

(e)section 75F of the Act (appeals relating to the modification or discharge of good neighbour agreements);

(f)section 130 of the Act (appeals against enforcement notices);

(g)section 130 of the Act as applied by—

(i)regulations made under section 182 of the Act (appeals in relation to enforcement of advertisement controls); or

(ii)regulations made under section23 of the Hazardous Substances Act (appeals against hazardous substances contravention notices);

(h)section 154(1) of the Act (appeals against refusal of certificate of lawful use or development);

(i)section 169 of the Act (appeals against an enforcement notice requiring the replacement of trees); and

(j)section 180 of the Act (appeals against notices under section 179 of the Act).

4Classes of appeal for determination by appointed persons – Schedule 3 to the Listed Buildings Act#

The classes of appeal prescribed for the purposes of paragraph1(1) of Schedule3 to the Listed Buildings Act (determination of appeals by appointed person) are appeals under—

(a)section 18(1) of the Listed Buildings Act (appeals against refusal of or conditional consent to applications for listed building consent or against refusal of approval required by a condition);

(b)section 18(2) of the Listed Buildings Act (appeals in default of decision on application for listed building consent or for approval required by a condition);

(c)section 18(1) and (2) of the Listed Buildings Act as applied by—

(i)section 17 of that Act (applications for variation or discharge of conditions); or

(ii)section 66 of that Act (control of demolition of buildings in conservation areas);

(d)section 35 of the Listed Buildings Act (appeals against listed building enforcement notices); and

(e)section 35 of the Listed Buildings Act as applied by section 66 of that Act (appeals against enforcement notices in respect of the demolition of buildings in conservation areas).

(za)section 5B of the Listed Buildings Act (appeal against listing of buildings);

5Classes of appeal for determination by appointed persons – Schedule to the Hazardous Substances Act#

The classes of appeal prescribed for the purposes of paragraph1(1) of the Schedule to the Hazardous Substances Act (determination of appeals by appointed person) are appeals under—

(a)section 19(1) of the Hazardous Substances Act (appeals against refusal of or conditional consent to applications for hazardous substance consent or against refusal of approval required by a condition or against refusal of applications for continuation of consent); and

(b)section 19(2) of the Hazardous Substances Act (appeals in default of decision on application for hazardous substance consent).

6Classes of appeal reserved for determination by the Scottish Ministers#

The classes of appeal prescribed for the purposes of paragraph1(2)(a) of Schedule4 to the Act (appeals which are not to be determined by a person appointed by the Scottish Ministers) are appeals under sections47 and 130 of the Act by persons who are, or are deemed to be, statutory undertakers for the purposes of section214 of the Act.

7Publicity for directions#

(1)As soon as may be after making a direction under—

(a)paragraph1(2)(b) of Schedule4 to the Act;

(b)paragraph 1(2)(b) of Schedule 3 to the Listed Buildings Act; or

(c)paragraph 1(2)(b) of the Schedule to the Hazardous Substances Act,

(2)The planning authority must as soon as may be after receipt of the copy direction publish a notice in at least onenewspaper circulating in the area of the planning authority—

(a)containing a concise statement of the effect of the direction; and

(b)specifying how a copy of the direction may be inspected.

the Scottish Ministers are to send a copy of the direction to every planning authority in respect of which the direction has effect.

8Revocation#

The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations 1987 and the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Amendment Regulations 1989 are revoked.

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

The Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) (Scotland) Regulations2010

1Citation and commencement#

2Interpretation#

3Classes of appeal for determination by appointed persons – Schedule 4 to the Act#

4Classes of appeal for determination by appointed persons – Schedule 3 to the Listed Buildings Act#

5Classes of appeal for determination by appointed persons – Schedule to the Hazardous Substances Act#

6Classes of appeal reserved for determination by the Scottish Ministers#

7Publicity for directions#

8Revocation#

Defined terms · 3

Connections

History · 2 versions

1Citation and commencement#

2Interpretation#

3Classes of appeal for determination by appointed persons – Schedule 4 to the Act#

4Classes of appeal for determination by appointed persons – Schedule 3 to the Listed Buildings Act#

5Classes of appeal for determination by appointed persons – Schedule to the Hazardous Substances Act#

6Classes of appeal reserved for determination by the Scottish Ministers#

7Publicity for directions#

8Revocation#

Key facts