Planning Circular 4/2013: Planning appeals

APPEALS AGAINST DECISIONS OR THE FAILURE TO TAKE DECISIONS UNDER THE LISTED BUILDINGS ACT (SECTION 18)

68. Part 5 (regulations 17 and 18) of the 2013 Regulations relate to appeals against:

• a decision to refuse, or grant with conditions, listed building consent (section 18);
• a decision to refuse, or grant with conditions, consent for the variation or discharge of conditions on listed building consent (section 18 as applied by section 17);
• a decision to refuse, or grant with conditions, conservation area consent (section 18 as applied by section 66); and
• the failure of the planning authority to take a decision on an application for any of the above (section 18 and that section as applied by sections 17 and 66).

69. Any appeal in relation to the above is to be served on Scottish Ministers within three months beginning with the date of the decision letter or the date of expiry of the period allowed for determination ^[9] of the application.

70. Certain provisions of Part 2 of the 2013 Regulations apply to an appeal under section 18 of the Listed Buildings Act:

• regulation 3(4) to (6) on the content of notices of appeal, accompanying information and that the subsequent introduction of new matters, documents, materials or evidence can only be in relation to procedures under regulations 4, 5 and 11 and the Hearing Session and Inquiry Session Rules (see paragraphs 21 to 25 above);
• regulation 4 on the appellant notifying the planning authority of the appeal and the planning authority's response (except in relation to regulation 4(2)(c) on Reports on Handling);
• regulation 5 on notifying interested parties; and
• regulation 6 on the planning authority making the appeal documents available to the public.

71. When making an appeal under section 18 of the Listed Buildings Act, the appellant must also notify the owners ^[10] of the building to which the appeal relates (regulation 18). If the appellant is unable to identify the owners, he or she must place a notice in a local newspaper. The forms of the notice and newspaper notice are set out in schedule 3 to the 2013 Regulations.

72. The notice to owners allows them to make representations on the appeal to Scottish Ministers.

73. When submitting the appeal the applicant must certify that at the beginning of the prescribed period ^[11] either:

• that they were the only owner; or
• that they have notified all the other owners (giving their names, addresses and the dates of notification); or
• that they have been unable to notify every owner (giving the names addresses and dates of notification of those they have notified).

74. Where they have been unable to notify all of the owners, they must have taken all reasonable steps to identify the names and addresses of the owners and certify to that effect (giving details of the steps taken and giving the date and place of publication of the newspaper notice).

75. Parts 1, 3, 9 and 10 of the 2013 Regulations and the schedules containing Hearing Session and Inquiry Session Rules apply to these appeals in the same way as they do to planning permission appeals.