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INTRODUCTION
1. Part 3 of the Planning etc. (Scotland) Act 2006 (the 2006 Act) introduced important changes to the way in which the planning appeal system will operate in Scotland. The changes described in this circular are designed to significantly improve the efficiency of the planning appeal system whilst retaining the high quality of determination provided.
2. The planning system can make an important contribution to the Scottish Government's objective of increasing sustainable economic growth. Through the reforms of the planning system, the Government is determined to remove unnecessary planning delays and speed up decisions on planning applications and appeals. The changes introduced to the appeal process, as explained in this circular, are intended to ensure that examination procedures are proportionate and efficient; that the appeal process is transparent and fair; and that decisions are both robust and based upon a review of the proposals that were originally considered by the planning authority.
3. The changes to the planning appeal system introduced by the 2006 Act include removal of the automatic right to appear before and be heard by a person appointed by Scottish Ministers, restrictions on the introduction of new material in the appeal process and prohibition of variation of a proposal once an appeal has been made.
4. This circular accompanies The Town and Country Planning (Appeals) (Scotland) Regulations 2008 (the regulations), which come into force on 3 August 20091as amended2. The regulations set out the detailed statutory procedures for planning appeals within the framework provided in the primary legislation: they do not restate provisions from the primary legislation. The circular is intended to provide an overview of the new planning appeal procedures explaining how the two sets of requirements from the Act and the Regulations fit together.
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