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GENERAL PROVISIONS
50. Part 7 of the regulations set out general provisions covering the copying of documents, compliance with development management procedures, the appointment of assessors, the decision notice and the use of electronic communications in the process.
Further copies of documents
51. Regulation 19 enables the appointed person to require any party who has submitted documents, materials or evidence under the regulations to provide the appointed person or others such additional copies as the appointed person specifies. The appointed person may also require the planning authority to make copies of the documents materials or evidence available for inspection at an office of the planning authority until the appeal is determined and to allow anyone reasonable opportunity to inspect the documents, and where practicable to take copies of them.
Compliance with Development Management procedures
52. Regulation 20 requires the appointed person to take action which has not been taken by the planning authority in the earlier process to secure compliance with The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008. This allows the appointed person to ensure that neighbour notification is carried out or completed, that any necessary consultation is completed and that any publication not carried out in the development management process can be completed.
Appointment of Assessors
53. Infrequently the Scottish Ministers may appoint an assessor to sit with the appointed person at a hearing session or at an inquiry session to advise him on such matters as Scottish Ministers may specify. Where this happens the Scottish Ministers must notify every person entitled to appear at the inquiry or hearing session of the name of the assessor and of the matters that the assessor is to advise upon.
Decision notice
54. The appointed person is required by regulation 22 to give notice of the decision (the decision notice) to the appellant and to the planning authority and to notify every person who has made and not withdrawn representations in respect of the appeal that a decision has been made and where a copy of the decision notice is available for inspection.
Electronic communication
55. Regulation 23 enables key transactions under the regulations to be carried out electronically and to have the same effect as if they had been provided in hard copy. There are certain conditions to be met in order to facilitate this use of electronic communications as follows:-
- The recipients have agreed or are deemed to have agreed to receive the information electronically;
- Any person sending information electronically is to be taken to have agreed to the use of electronic communication for the purpose of the appeal; and
- The transmitted document is capable of being accessed by the recipient, that it is legible and sufficiently permanent for subsequent reference.
56. Consent to use electronic communication can be withdrawn by parties by giving notice and this will take effect not later than 7 days from that notice.
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