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ANNEX C
SCOTTISH STATUTORY INSTRUMENTS
2008 No.
TOWN AND COUNTRY PLANNING
The Town and Country Planning (Scotland) Appeals Regulations 2008
Made - - - - 2008
Laid before the Scottish Parliament 2008
Coming into force - - 2008
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 47, 267, 275 and 275A of the Town and Country Planning (Scotland) Act 1997( a) and all other powers enabling them to do so.
PART 1
Preliminary
Citation and commencement and application
1. -(1) These Regulations may be cited as the Town and Country Planning (Scotland) Act 1997 Appeals Regulations 2008 and shall come into force on {insert date}.
(2) These Regulations apply to-
(a) applications referred to the Scottish Ministers following a direction under section 46(1) of the Act; and
(b) appeals made to the Scottish Ministers under section 47 of the Act.
Interpretation
2. -(1) In these regulations-
the "Act" means the Town and Country Planning (Scotland) Act 1997;
"additional party" means-
(a) in relation to a request for further written representations or information or a hearing session, as the case may be, a body or person other than the appellant or the planning authority to whom the appointed person gives a procedure notice; and
(b) in relation to an inquiry session, a body or person other than the appellant or the planning authority to whom the appointed person gives a procedure notice and who has notified the appointed person of an intention to appear at the inquiry session in accordance with rule 1(3) of Part 2 of the Schedule;
( a) 1997 c.8. The Town and Country Planning ( Scotland) Act 1997 was amended by the Planning etc. (Scotland) Act 2006 (asp 17).
"appellant" in the case of an application referred to the Scottish Ministers following a direction under section 46(1) of the Act means the applicant;
"appointed person" mean a person appointed by virtue of Schedule 4 to the Act to determine an appeal instead of the Scottish Ministers;
"consulted person" means an authority or person consulted by the planning authority in compliance with a requirement imposed by virtue of section 43(1)(c) of the Act;
"Development Management Procedure Regulations" means the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008( a);
"document" includes, in addition to a document in writing-
(a) any map, plan, graph or drawing;
(b) any photograph;
(c) any disc, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
(d) any film, negative, tape, disc or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom;
"hearing statement" means, and is comprised of-
(a) a written statement which contains particulars of the representations relating to the specified matters which a person proposes to put forward at a hearing session; and
(b) a list of documents (if any) which the person putting forward such representations intends to refer to, rely on or put in evidence.
"inquiry session" means a local inquiry held or to be held into matters specified in a procedure notice;
"inquiry statement" means, and is comprised of-
(a) a written statement which contains particulars of the representations relating to the specified matters which a person proposes to put forward at an inquiry session;
(b) a list of documents (if any) which the person putting forward such representations intends to refer to, rely on or put in evidence; and
(c) a list of persons who are to give, or be called to give, evidence at the inquiry session, the matters in respect of which such persons are to give evidence and the relevant application of such persons to do so;
"interested party" means-
(a) any consulted person from whom representations were received (and not subsequently withdrawn) whether by the planning authority in connection with the application;
(b) any other person from whom representations were received (and not subsequently withdrawn), whether by the planning authority before the end of the period mentioned in section 38(1) of the Act;
"notice of appeal" has the meaning given in regulation 3;
"period allowed for determination of the application" is the period specified in regulation 29(4) of the Development Management Procedure Regulations 2008 or such extended period as may be agreed in writing between the applicant and the planning authority;
"planning authority" means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994( b) which was responsible for dealing with the application;
"planning authority's response" has the meaning given in regulation 5;
( a) S.S.I. 2008/
( b) 1994 c39.
"precognition" means a written statement of the evidence which it is proposed that a witness will give to the inquiry session;
"pre-inquiry session meeting" means a meeting held before an inquiry session to consider what may be done with a view to securing that the inquiry session is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry session meeting are references to the conclusion of the final meeting;
"reference number of the application" means the unique number assigned by the planning authority to the application;
"relevant date" means the date on which the procedure notice is given in accordance with rule 2(1) of Part 2 of the Schedule;
"Report on Handling" means, in respect of an application, the Report to be placed in the register of applications in which the planning authority is required to keep under section 36(1) of the Act;
"rule" means a rule set out in Parts 1 or 2 of the Schedule;
"supporting documents" means any document submitted with or referred to in the notice of appeal, the planning authority's response or any representations made under regulations 7 or 8;
"Schedule" means the Schedule to these Regulations;
"specified matters" are-
(a) in relation to a request for further written submission, those matters which are specified in the procedure notice served in respect of that request;
(b) in relation to a particular hearing session, those matters which are specified in the procedure notice served in respect of that hearing session;
(c) in relation to a particular inquiry session, those matters which are specified in the procedure notice served in respect of that inquiry session.
(2) In the case of-
(a) an appeal to be determined by the Scottish Ministers rather than by an appointed person; or
(b) an application referred to the Scottish Ministers following a direction made under section 46(1) of the Act,
references to the "appointed person" in the Schedule are to be treated as references to the Scottish Ministers.
PART 2
Appeal
Appeal on failure to determine the application
3. An applicant may appeal to the Scottish Ministers by virtue of section 47(2) of the Act if the planning authority have failed to give to the applicant notice of their decision or determination or notice of referral of the application to the Scottish Ministers within the period allowed for determination of the application.
Notice of Appeal
4. -(1) An appeal to the Scottish Ministers under section 47 of the 1997 Act is to be made by giving notice in writing in accordance with this regulation and regulation 5.
(2) In the case of an appeal made by virtue of-
(a) section 47(1) of the Act, the notice must be served on the Scottish Ministers within the period of three months beginning with the date of notification of the decision; and
(b) section 47(2) of the Act, the notice must be served on the Scottish Ministers within the period of three months beginning with the date of expiry of the period allowed for determination of the application.
(3) Subject to paragraph (4)-
(a) all matters which the appellant intends to raise in the appeal must be set out in or accompany the notice of appeal; and
(b) all documents, materials and evidence which the appellant intends to rely on in the appeal must accompany the notice of appeal.
(4) In addition to matters set out in the notice of appeal, the appellant may raise matters only in accordance with and to the extent permitted by regulations 6 and 10 and Parts 1 and 2 of the Schedule.
Form of Notice of Appeal
5. The notice of appeal must include-
(a) the name and address of the appellant;
(b) the date and, if known, the reference number of the application in respect of which the appeal is made;
(c) the name and address of the representative of the appellant (if any) and whether any notice or other correspondence which is required by these regulations to be sent to the appellant should be sent to the representative instead of the appellant;
(d) a statement setting out full particulars of the appeal including a note of what matters the appellant considers require determination and by what means these should be determined;
(e) a statement identifying any matter raised which was not before the planning authority at the time the decision appealed against was made where the appellant can demonstrate why the matter-
(i) could not be raised before that time;
(ii) could not be raised before that time as a consequence of exceptional circumstances and specifying those circumstances;
(f) a statement that the notice is a notice of appeal.
Intimation to planning authority and planning authority's response
6. -(1) The appellant must at the same time as giving the notice of appeal to the Scottish Ministers send to the planning authority a copy of-
(a) the notice of appeal; and
(b) all documents, materials and evidence which the appellant intends to rely on in the appeal and which accompanied the notice of appeal in accordance with regulation 4(3)(b).
(2) The planning authority must, not later than 14 days beginning with the date of receipt of notification of an appeal under paragraph (1), send to the Scottish Ministers and the appellant-
(a) a note ("the planning authority's response") of what matters the planning authority considers require determination and by what means these should be determined;
(b) documents which were before the planning authority and which were taken into account in reaching its decision;
(c) a copy of any Report on Handling prepared in respect of the application; and
(d) the conditions (if any) which the planning authority presently consider should be imposed in the event that the Scottish Ministers or the appointed person, as the case may be, decide that permission be granted.
(3) The appellant may, within 14 days beginning with the date of receipt of the planning authority's response send to the Scottish Ministers and the planning authority comments on any matters raised in the planning authority response which had not been raised in the notice of the planning authority's decision.
(4) The planning authority is to-
(a) make a copy of the notice of appeal and the of the planning authority response available for inspection at an office of the planning authority; and
(b) publish a copy of the notice of appeal and the of the planning authority's response on the internet.
Notification to interested parties
7. -(1) The planning authority must not later than 14 days following notification of the appeal under regulation 6 give notice of the appeal to each interested party.
(2) Notice under paragraph (1) may be given-
(a) by post to any interested person notified or consulted under the Act by them other than by newspaper advertisement; and
(b) by post or by advertisement in a newspaper circulating in the locality where the proposed development is situated, to any other interested person.
(3) Notice under paragraph (1) shall-
(a) state the name of the appellant and the address of the site to which the appeal relates;
(b) describe the application;
(c) state that copies of any representations previously made to the planning authority, other than representations which the interested party has asked to be treated as confidential, will be sent to the Scottish Ministers and the appellant; and will be considered by the Scottish Ministers when determining the appeal;
(d) state where the interested party may inspect a copy of the notice of appeal and of the planning authority's response.
Determination without further procedure
8. Where the Scottish Ministers or the appointed person, as the case may be, consider that no further representations are or information is required to enable the appeal to be determined, the Scottish Ministers or the appointed person may determine the appeal without further procedure.
Decision as to procedure to be followed
9. -(1) The Scottish Ministers or the appointed person, as the case may be, may determine the manner in which the appeal, or any stage of the appeal, is to be conducted and are to do so in accordance with this regulation, regulation 10 and the provisions of Parts 1 and 2 of the Schedule.
(2) The Scottish Ministers or the appointed person may determine at any stage of the appeal that further representations should be made or further information should be made or provided to enable the appeal to be determined.
(3) Where the Scottish Ministers or the appointed person so determine, the appeal or a stage of the appeal is to be conducted by one of or by a combination of the procedures mentioned in paragraph (4).
(4) The procedures are-
(a) by means of written submissions;
(b) by the holding of one or more hearing sessions or inquiry sessions.
(5) Where, or the extent to which the Scottish Ministers consider that such further representations or information are to be made or provided-
(a) by means of written submissions, regulation 10 applies.
(b) at a hearing session, the rules set out in Part 1 of the Schedule apply;
(c) at an inquiry session, the rules set out in Part 2 of the Schedule apply.
Written Submissions
10. -(1) Where the Scottish Ministers have or, as the case may be, the appointed person has determined that further representations should be made or further information should be made or provided by means of written submissions, the Scottish Ministers or the appointed person may request such further representations or information by written notice (a "procedure notice") to that effect from-
(a) the appellant;
(b) the planning authority; or
(c) any other body or person from whom the Scottish Ministers or the appointed person wishes to receive further representations or information on specified matters.
(2) The procedure notice is to-
(a) set out the matters on which such further representations or information is requested;
(b) specify the date by which such further representations or information is to be sent to the Scottish Ministers or the appointed person; and
(c) provide the name and address of any other body or person to whom a request for such further representations or information has been made.
(3) Where a procedure notice is not sent to the appellant and the planning authority, a copy of the procedure notice must be sent to them.
(4) Any further representations or information made in response to such a request is to be sent to the Scottish Ministers or the appointed person, as the case may be, on or before the date specified in the procedure notice and a copy of any such further representations or information is to be sent to the appellant, planning authority and all the other bodies or persons to whom the request was made.
(5) Any body or person to who is to receive a copy of such response may, within a period of 14 days from receipt of the response, send further representations or information to the Scottish Ministers or the appointed person in reply to it and when doing so is to send a copy of such reply to the appellant, planning authority and all the other bodies or persons to whom the request was made.
PART 3
Referred Applications
Call-in of applications by Scottish Ministers - procedure
11. -(1) Where, following a direction made under section 46(1) of the Act, an application has been referred to the Scottish Ministers to determine instead of being dealt with by the planning authority, the Scottish Ministers may, if they consider that further representations or further information is required to enable them to determine the application, consider the application by one of or by a combination of the following-
(a) by means of written submissions;
(b) by the holding of one or more hearing sessions or inquiry sessions.
(2) Where, or the extent to which the Scottish Ministers consider that the application should be considered-
(a) by means of written submissions, regulation 10 applies.
(b) at a hearing session, the rules set out in Part 1 of the Schedule apply;
(c) at an inquiry session, the rules set out in Part 2 of the Schedule apply.
(3) Regulations 18, 19, 28, 29 and 30 of the Development Management Procedure Regulations apply to the consideration and determination of such an application but the Scottish Ministers are not required to give notice to or consult with any person in connection with the application under such provisions if the planning authority has already done so.
PART 4
General
Decision Notice
12. The Scottish Ministers or the appointed person, as the case may be, is to give-
(a) the appellant; and
(b) every person who has made (and not subsequently withdrawn) representations in respect of the application or appeal,
notice ("a decision notice") as to the manner in which an appeal or an application referred to the Scottish Ministers following a direction under section 46(1) of the Act has been dealt with.
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
2008
SCHEDULE
Regulation 9
PART 1
Hearing Sessions Rules
Procedure notice and specified matters
1. -(1) Where the appointed person has determined that a hearing session should be held to consider specified matters the appointed person is to give written notice to that effect ("the procedure notice") to-
(a) the appellant;
(b) the planning authority;
(c) any interested party who made representations in relation to specified matters; and
(d) any body or person who the appointed person wishes to make further representations or to provide further information on specified matters at the hearing session.
(2) Only specified matters are to be considered at the hearing session.
Appearances at hearing session
2. The persons entitled to appear at a hearing session are-
(a) the applicant;
(b) the planning authority; and
(c) any additional parties.
Date and notification of hearing session
3. -(1) The date fixed by the appointed person for the commencement of a hearing session shall be-
(a) not later than 12 weeks after date of the procedure notice; or
(b) where the appointed person is satisfied that in all the circumstances of the case it is impracticable to commence the hearing session within such 12 week period, the earliest practicable date after the end of that period.
(2) The place at which the hearing session is to be held shall be determined by the appointed person.
(3) The appointed person shall give not less than 4 weeks' notice of the date, time and place fixed by the appointed person for the holding of a hearing session to every person entitled to appear at the hearing session.
(4) The appointed person may vary the time or place for the holding of a hearing session (whether or not the revised date is within the applicable period mentioned in paragraph (1)) and shall give such notice of any such variation as appears to the appointed person to be reasonable and paragraph (3) shall apply to a variation of a date as it applied to the date originally fixed.
Service of hearing statements, etc
4. -(1) A person entitled to appear at the hearing session must, not later than 14 days after the relevant date and in any case not later than 4 weeks before the date fixed for the holding of the hearing session, serve a hearing statement on the appointed person and on all other persons entitled to appear at the hearing session.
(2) In addition to the hearing statement served under paragraph (1) each person entitled to appear at the hearing session shall, not later than 4 weeks before the commencement of the hearing session serve upon the appointed person a copy of every document or the relevant part of any document which such person intends to refer to or put in evidence.
(3) Any person who has served a hearing statement in accordance with this rule shall-
(a) when required by notice in writing from the appointed person provide such further information about the matters contained in the statement as the appointed person may specify; and
(b) at the same time send a copy of such further information to any other person on whom the hearing statement has been served.
(4) Any person who has served a hearing statement in accordance with this rule and who wishes to comment on another person's hearing statement shall, not later than 2 weeks after receipt of such hearing statement, send further comments in writing to the appointed person, the applicant and the person whose hearing statement is the subject of the comment.
Notification of appointment of assessor
5. Where the appointed person appoint an assessor, the appointed person shall notify the persons entitled or permitted to appear at the hearing session of the assessor's name and of the matters on which the assessor is to advise the appointed person.
Procedure at hearing
6. -(1) Except as otherwise provided in this Part of the Schedule, the appointed person shall determine the procedure at a hearing session.
(2) The appointed person is to state at the commencement of the hearing session the procedure the appointed person proposes to adopt subject to consideration of any submission by any of the persons entitled to appear at the hearing session.
(3) Any person entitled to appear may do so on that person's own behalf or be represented by another person.
(4) Where there are two or more persons having a similar interest in the issues being considered at the hearing session, the appointed person may allow one or more persons to appear on behalf of some or all of any persons so interested.
(5) A hearing shall take the form of a discussion led by the appointed person and cross-examination shall not be permitted.
(6) If the appointed person consider that cross-examination is required to ensure a thorough examination of the main issues the appointed person shall consider, after consulting the persons entitled to appear at the hearing session, whether the hearing should be closed and an inquiry session be held instead.
(7) The appointed person may require any person appearing or present at a hearing session who, in the appointed person's opinion, is behaving in a disruptive manner to leave and may refuse to permit that person to return, or may permit that person to return only on such conditions as the appointed person may specify; but any such person may submit to the appointed person in writing any evidence or other matter before the close of the hearing session.
(8) The appointed person may proceed with a hearing session in the absence of any person entitled to appear at the hearing session.
(9) The appointed person may from time to time adjourn a hearing session, and
(a) if at the hearing session the appointed person announces the date, time and place for reconvening the adjourned hearing session no further notice shall be required, but
(b) if the appointed person makes no such announcement the appointed person shall give such notice as the appointed person considers reasonable and appropriate.
Site inspections
7. -(1) The appointed person may at any time make an unaccompanied inspection of the land without giving notice of the appointed person's intention to the persons entitled to appear at the hearing session.
(2) Subject to the provisions of this rule, the appointed person may before or during the hearing session, inspect the land during or after the close of the hearing session in the company of such of the persons entitled under paragraph (3) of this rule to accompany the appointed person as desire to do so.
(3) Where the appointed person intends to make an inspection by virtue of paragraph (2) of this rule, the appointed person shall during the hearing session announce the date and time at which the appointed person proposes to do so and the appellant, the planning authority and all persons shall be entitled to accompany the appointed person on any such inspection.
(4) The appointed person shall not be bound to defer an inspection if any person entitled to accompany the appointed person is not present at the time appointed.
PART 2
Inquiry Session Rules
Procedure notice
8. -(1) Where the appointed person has determined that the appeal or a stage of the appeal, is to be conducted by means of the holding of an inquiry session to consider specified matters the appointed person is to give written notice to that effect ("the procedure notice") to-
(a) the appellant;
(b) the planning authority;
(c) any interested party who made representations in relation to specified matters; and
(d) any body or person who the appointed person wishes to make further representations or to provide further information on specified matters at the inquiry session.
(2) Only specified matters are to be considered at the inquiry session.
(3) An additional party who intends to appear at the inquiry session must within 14 days of the date of receipt of the procedure notice notify the appointed person in writing of that intention.
Pre-inquiry session meetings
9. -(1) The appointed person may hold a pre-inquiry session meeting if the appointed person thinks it desirable.
(2) The appointed person shall arrange for not less than 2 weeks' written notice of a meeting the appointed person proposes to hold under paragraph (1) of this rule to be given to the appellant, the planning authority and any additional party.
(3) The appointed person where the appointed person proposes to hold a meeting under paragraph (1) of this rule shall preside and shall determine the matters to be discussed and the procedure to be followed at the meeting.
Appearances at inquiry
10. The persons entitled to appear at the inquiry session shall be-
(a) the appellant;
(b) the planning authority; and
(c) any additional party.
Service of inquiry statements
11. A person entitled to appear at the inquiry session must, not later than-
(a) where no pre-inquiry session meeting is held pursuant to rule 2, 14 days after the relevant date, or
(b) where a pre-inquiry session meeting is held pursuant to rule 2, 14 days after the conclusion of that meeting,
and in any case not later than 4 weeks before the date fixed for the holding of the inquiry session, serve an inquiry statement on the appointed person and on all other persons entitled to appear at the inquiry session.
Precognitions
12. -(1) A person entitled to appear at an inquiry session who proposes to give, or to call another person to give, evidence at the inquiry by reference to a precognition shall send a copy of the precognition to the appointed person.
(2) A precognition must not, unless the appointed person otherwise so agrees, contain more than 2000 words.
(3) The precognition and any summary shall be sent to the appointed person-
(a) not later than 4 weeks before the date fixed for the holding of the inquiry session; or
(b) by such other date as the appointed person may specify.
(4) Where a person sends a copy of a precognition to the appointed person in accordance with paragraph (1), that person shall at the same time send a copy of that precognition and any summary to the planning authority, the appellant and each additional party.
(5) Where an appointed person agrees that a precognition may contain more than 2000 words, the appointed person may require a written summary to be provided along with the precognition, and where this is done only that summary shall be read out at the inquiry, unless the appointed person permits or requires otherwise.
(6) Any person required by this rule to send a copy of a precognition to any other person shall send with it a copy of the whole, or the relevant part, of any document referred to in it, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 6(2) or has already been provided to that other person pursuant to rule 6(3).
(7) The planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any precognition, summary or document sent to or by them in accordance with this rule.
Service of inquiry statements, documents and precognitions
13. -(1) Any person who serves an inquiry statement on the planning authority shall not be obliged to serve with it a copy of any document, or of the relevant part of any document, if a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (2) of this rule.
(2) The planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any inquiry statement (or any part thereof) or other document which, or a copy of which, has been served on them in accordance with this rule or rule 4 or of their inquiry statement (or any part thereof); and shall specify in their inquiry statement the time and place at which the opportunity will be afforded.
(3) Where any party intends to rely on or put in evidence any documents, that party shall, by the date 4 weeks before the day fixed for the holding of the inquiry session, provide copies of those documents (or the relevant parts of those documents) to the other person entitled to appear at the inquiry session and where that party is the planning authority, such copies shall be provided to the appointed person and the planning authority shall, for the purposes of compliance by them with the duty imposed by paragraph (2) of this rule in respect of their inquiry statement, make such statement available by said date.
(4) The appointed person, on the application of a party, may vary any time limit imposed on that party by rule 1, 2, 4 or 5 above or by paragraph (3) of this rule.
Notification of appointment of assessor
14. Where the Scottish Ministers appoints an assessor, they shall notify every person entitled to appear at the inquiry session of the name of the assessor and of the matters on which the assessor is to advise the appointed person.
Date and notification of inquiry
15. -(1) The date fixed by the appointed person for the holding of an inquiry session shall be, unless the appointed person considers such a date impracticable, not later than-
(a) 20 weeks after the relevant date; or
(b) in a case where a pre-inquiry session meeting is held pursuant to rule 2, 8 weeks after the conclusion of that meeting.
(2) Where the appointed person consider it impracticable to fix a date in accordance with paragraph (1), the date fixed shall be the earliest date which the appointed person considers to be practicable.
(3) Subject to paragraphs (1) and (2) of this rule, a date, time and place for the holding of the inquiry session shall be fixed by the appointed person who shall give not less than 4 weeks' notice in writing of such date, time and place to the parties entitled to appear at the Inquiry Session.
(4) With the consent in writing of the appellant and of the planning authority the appointed person may give such lesser period of notice than that specified in paragraph (3) of this rule as may be agreed with them and in that event the appointed person may specify a date for service of the inquiry statement other than the date prescribed in rule 4.
(5) The appointed person may vary the date, time and place fixed for the holding of the inquiry session and the appointed person shall give such notice of the variation to the parties entitled to appear at the inquiry session as may appear to the appointed person to be reasonable in the circumstances.
(6) Without prejudice to the foregoing provisions of this rule and, where the appointed person have not already done so, the appointed person may require the planning authority to take one or more of the following steps-
(a) not less than 2 weeks before the date fixed for the holding of the inquiry session, to publish in one or more newspapers circulating in the locality in which the land is situated such notices of the inquiry session as they may direct; or
(b) to serve notice of the inquiry session in such form and on such persons or classes of persons as the appointed person may specify,
but the requirements as to the period of notice contained in paragraph (3) of this rule shall not apply to any such notices.
Representatives of the Scottish Ministers or government departments at inquiry
16. -(1) Where either-
(a) the Scottish Ministers have given a direction restricting the grant of permission for the development for which the application was made or a direction as to how the application is to be determined; or
(b) any government department have expressed in writing to the Scottish Ministers or to the planning authority a view on the application,
any of the persons entitled to appear at the inquiry session may, not later than 2 weeks before the date of the inquiry, apply in writing to the appointed person for a representative of the Scottish Ministers or government department concerned to be made available at the inquiry session.
(2) Where an application is made to the appointed person under paragraph (1) of this rule the Scottish Ministers shall make a representative of their department available to attend the inquiry session, or, as the case may be, transmit the application to the other government department concerned who shall make a representative of that department available to attend the inquiry session.
(3) A representative who, in pursuance of this rule, attends an inquiry session shall state the reasons for the Scottish Ministers' direction, or, as the case may be, the reasons for the view expressed by the department which that person represents and shall give evidence and be subject to cross-examination to the same extent as any other witness.
(4) Nothing in this rule shall require a representative of the Scottish Ministers or a government department to answer any question which in the opinion of the appointed person is directed to the merits of government policy and the appointed person shall disallow any such question.
Procedure at inquiry session
17. -(1) Except as otherwise provided in the rules in this Part of the Schedule, the procedure at the inquiry session shall be such as the appointed person shall in the appointed person's discretion determine.
(2) The appointed person shall state at or before the commencement of the inquiry session the procedure which, subject to consideration of any submission by the parties, the appointed person proposes to adopt.
(3) Any person entitled to appear may do so on that person's own behalf or be represented by another person.
(4) Where there are two or more persons having a similar interest in the matter under inquiry, the appointed person may allow one or more persons to appear for the benefit of some or all persons so interested.
(5) Unless in any particular case the appointed person otherwise determines, the appellant shall begin and shall have the right of final reply; and other persons entitled to appear shall be heard in such order as the appointed person may determine.
(6) Subject to paragraph (7) of this rule, the appellant, the planning authority and any interested party entitled to appear at the inquiry session shall be entitled to call evidence and to cross-examine persons giving evidence and to make closing statements but any other person appearing at the inquiry session may do so only to the extent permitted by the appointed person.
(7) The appointed person may refuse to permit-
(a) the giving or production of evidence;
(b) the cross-examination of persons giving evidence; or
(c) the presentation of any other matter,
which the appointed person considers to be irrelevant or repetitious.
(8) The appointed person shall not require or permit the giving or production of any evidence whether written or oral, which would be contrary to the public interest; but save as aforesaid and without prejudice to rule 9(4) and section 265(4) to (7) of the Act (evidence at local inquiries) any evidence may be admitted at the discretion of the appointed person, who may direct that documents tendered in evidence may be inspected by any person entitled to appear at the inquiry session and that facilities be afforded to that person to take or obtain copies thereof.
(9) The appointed person may at the inquiry session allow any party to alter or add to the case contained in any inquiry statement served under rule 4(1) or to any list of documents or witnesses which accompanied such statement, so far as may be necessary for the purpose of determining the questions in dispute between the parties, but shall (if necessary by adjourning the inquiry session) give the appellant or the planning authority, as the case may be, and all additional parties an adequate opportunity of considering any such alterations or additions.
(10) If any person entitled to appear at the inquiry session fails to do so, the appointed person may proceed with the inquiry session at the appointed person's discretion.
(11) The appointed person shall be entitled (subject to disclosure thereof at the inquiry session) to take into account any written representations or statements received by the appointed person before or during the inquiry session from any person, but shall circulate such documents, so far as they have not already been made available to the parties entitled to appear at the inquiry session, in advance of the inquiry session where the appointed person considers this to be practicable.
(12) The appointed person may from time to time adjourn the inquiry session and, if the date, time and place of the adjourned inquiry session are announced before the adjournment, no further notice shall be required.
Site inspections
18. -(1) The appointed person may at any time make an unaccompanied inspection of the land without giving notice of the appointed person's intention to the persons entitled to appear at the inquiry session.
(2) Subject to the provisions of this rule, the appointed person may before or during the inquiry session, inspect the land during or after the close of the inquiry session in the company of such of the persons entitled under paragraph (3) of this rule to accompany the appointed person as desire to do so.
(3) Where the appointed person intends to make an inspection by virtue of paragraph (2) of this rule, the appointed person shall during the inquiry session announce the date and time at which the appointed person proposes to do so and the appellant, the planning authority, all statutory parties and any other party to the inquiry session shall be entitled to accompany the appointed person on any such inspection.
(4) The appointed person shall not be bound to defer an inspection if any person entitled to accompany the appointed person is not present at the time appointed.
Procedure after inquiry session
19. -(1) Where an assessor has been appointed, the assessor may (and if so required by the appointed person, shall), after the close of the inquiry session, make a report in writing to the appointed person in respect of the matters on which the assessor was appointed to advise.
(2) If the appointed person after the close of the inquiry session proposes to take into consideration any new evidence or any new issue of fact (not being a matter of government policy) relating to a specified matter which was not raised at the inquiry session, the appointed person shall not come to a decision on the case without first notifying the appellant, the planning authority and all other persons who appeared at the inquiry session of their proposal and the reasons for it and affording them an opportunity of-
(i) making representations thereon in writing within 3 weeks; or
(ii) if the appointed person has received new evidence or taken into consideration any new issue of fact not being a matter of government policy, asking within 3 weeks for the reopening of the inquiry session.
(3) The appointed person may in any case if they think fit cause the inquiry session to be reopened, and shall cause it to be reopened if asked to do so in accordance with paragraph (4) of this rule, and if the inquiry session is reopened, paragraph (3) to (6) of rule 8 shall apply to the reopened inquiry session with the substitution in paragraph (3) of the words "3 weeks" for the words "4 weeks".
Allowing further time
20. The appointed person may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of the rules in this Part of the Schedule and references in such rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
Service of notices by post
21. Notices or documents required or authorised to be served or sent under the provisions of any of the rules in this Part of the Schedule may be sent by post.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make provisions in connection with
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