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APPEALS UNDER SECTIONS 130(2) ENFORCEMENT NOTICES, 169(1) TREE REPLACEMENT NOTICES AND 180(2) AMENITY NOTICES APPEALS
37. The regulations provide under Part 4 (Regulations 13-15) some detailed procedural requirements for appeals against:
- enforcement notices;
- tree replacement notices; and
- amenity notices,
which are different from the processes for considering planning permission appeals described above.
38. The 2006 Act introduced a change to the grounds for appealing against an enforcement notice by removing the provision at section 130(1) to appeal on the basis that planning permission ought to be granted for the breach of control contained in the enforcement notice, or that the relevant condition or limitation should be discharged. This is a significant alteration to the grounds for appealing against the terms of an enforcement notice. The related provision at section 133 of the Act enabling Scottish Ministers to grant planning permission on determination of an enforcement notice appeal has also been revoked by the 2006 Act.
39. The regulations supplement the provisions in the 1997 Act setting out the procedure for providing information in support of these appeals, exchanging relevant information and informing other parties in a way that is consistent with the new provisions for planning application appeals.
Statement of appeal
40. The 1997 Act requires that a statement should be provided by an appellant specifying the grounds for appeal and providing such other information as may be prescribed. Regulation 13 requires that the statement should include the following information, consistent with the approach for planning permission appeals:-
- All matters which the appellant intends to raise in the appeal;
- The name and address of the appellant;
- A copy of the notice against which the appeal is made;
- The name and address of any representative of the appellant for correspondence purposes;
- A note of what matters the appellant considers require determination and by what procedure they should be examined.
41. The statement is to be accompanied by copies of all documents, materials and evidence which the appellant intends to rely upon in the appeal. The appellant may subsequently only raise additional matters to those set out in the statement of appeal and related documents either in response to particular matters raised by the planning authority or where further information or evidence is specifically requested by the appointed person, through written submissions, hearing sessions or inquiry sessions, as described above. It may be therefore, that the point of lodging the appeal will be the only opportunity the appellant will have to provide supporting information; so it is essential that a full case is stated at that time.
Intimation to the planning authority and response
42. At the same time as giving notice of appeal to the Scottish Ministers, regulation 14 requires the appellant to send to the planning authority a copy of the notice of appeal, the statement of appeal and all supporting documents, materials and evidence to be used to support their case. The planning authority has a statutory period of 21 days following receipt of this information within which it must provide its response. This is to take the form of a statement incorporating a response to each ground of appeal, stating the matters that the planning authority consider require determination and by what procedure the authority wishes the appeal to be conducted. The planning authority must also send to the appellant and to Scottish Ministers copies of all documents that were before it and taken into account in reaching the decision to issue the notice subject of the appeal.
43. The appellant is entitled to send to the Scottish Ministers and the planning authority comments on any matters raised in the planning authority's response. This must be done within 14 days. Regulation 14(4) requires that the planning authority is to make copies of the appeal papers available for inspection and for copying at an office of the planning authority.
Notification to other parties
44. Regulation 15 requires that the planning authority must give notice of the appeal to each person other than the appellant on whom the notice was served. This notice is to set out the following information:-
- The name of the appellant and the address of the land subject of the appeal;
- The steps required by the notice;
- That representations can be made to the Scottish Ministers; and
- Explain how and when these can be made and where a copy of the notice of appeal can be inspected.
45. The period allowed for making responses is 14 days from the date of the notice issued by the planning authority.
46. Parts 3 and 7 of the regulations and the schedules describing hearing sessions and inquiry rules apply to these appeals in the same way as they do to planning permission appeals.
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