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Publication - Guidance

Planning Circular 4/2013: Planning appeals

Published: 27 Dec 2013
Part of:
Building, planning and design
ISBN:
9781784121723

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

29 page PDF

335.4kB

29 page PDF

335.4kB

Contents
Planning Circular 4/2013: Planning appeals
Footnotes

29 page PDF

335.4kB

Footnotes

[1] http://www.legislation.gov.uk/ssi/2013/156/contents/made

[2] http://www.legislation.gov.uk/ukpga/1997/8/contents The changes to the 1997 Act with regard to appeals were made by the Planning etc. (Scotland) Act 2006.

[3] http://www.legislation.gov.uk/ukpga/1997/9/contents

[4] References to planning permission include planning permission in principle unless separate provision is mentioned for the latter.

[5] Local developments are those not specified either as either a national development in the National Planning Framework or a major development in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 ( SSI 2009/51) http://www.legislation.gov.uk/ssi/2009/51/contents/made

[6] http://www.legislation.gov.uk/ssi/2013/157/contents/made

[7] Not appealing on the grounds of non-determination does not affect the applicant's right to appeal against the planning authority's eventual decision on the application.

[8] The Planning etc. (Scotland) Act 2006 removed the ground of appeal against an enforcement notice that planning permission should be granted or the relevant condition or limitation be discharged.

[9] That is two months from the date of receipt by the planning authority of the application or any extension agreed upon in writing by the applicant and the planning authority.

[10] In this context, the owners at the beginning of the period of 21 days which ends on the date notice of the appeal was given to Scottish Ministers.

[11] Being 21 days ending with the date on which notice of the appeal was given.

[12] http://www.legislation.gov.uk/ssi/2006/265/contents/made


Contact

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