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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.

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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

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