PLEASE NOTE: the procedures explained below do not apply to the following types of appeal (which are handled under different legislation):
- Planning permission
- Certificate of lawful use or development
- Tree works consent
- Planning enforcement notice
- Tree replacement enforcement notice
- Amenity notice
What do we mean by a Public Local Inquiry
Other than those detailed above, most appeals are dealt with by means of the written submissions procedure without the need to convene a public local inquiry or hearing. However, persons lodging appeals ("appellants") and planning authorities have a statutory right to be heard and, particularly where contentious issues arise, an inquiry may provide the most suitable means of examining the issues in an open, structured manner.
Statutory framework
For appeals that are delegated to a Reporter for decision, the Town and Country Planning Appeals (Determination by Appointed Person) (Inquiries Procedure) (Scotland) Rules 1997, as amended, apply. For planning appeals where the Reporter is to issue a report with a recommendation for Scottish Ministers to decide, the Town and Country Planning (Inquiries Procedure) (Scotland) Rules 1997, as amended, are used. (Note: these rules have been amended and so no longer apply to the appeal types listed above.) An explanation of both of these rules, the procedures and good practice to be followed, are contained in the Scottish Office Development Department circular SODD Circular 17/1998. Both sets of Rules define the statutory procedure, together with the appropriate time limits.
Holding a pre-inquiry meeting
In more complex or controversial appeals, the Reporter may decide to hold a pre-inquiry procedure meeting to discuss the arrangements for the forthcoming public inquiry, including the date(s), timetable, venue, and the arrangements for circulating evidence before the inquiry. No discussion of the merits of the appeal proposal is possible at the pre-inquiry meeting.
General procedure
All public local inquiries are advertised in a local newspaper giving notice of the date, time and venue. Members of the public and the press may attend to watch the proceedings and people who wish to take part, such as objectors, may do so, provided they have given adequate notice to the Directorate in advance of the start of the inquiry. All those who have made representations about the development will be notified by letter of the inquiry arrangements.
The planning authority forward copies of all representations received at the application stage to DPEA. Anyone wishing to make a further representation, or make a representation for the first time, should send their letter to DPEA. Copies of all representations received are sent to the appellant. The planning authority are supplied with copies of any new representations.
At least one copy of all the written material submitted to the Reporter before the inquiry, including statements, documents, copies, etc. will be made available for inspection at the venue during the inquiry for all those attending.
Inquiry location and venue
Our objective is always to hold the inquiry as close as possible to the appeal site and where possible inquiry venues with disabled access are used. The press advertisement and the letter detailing the inquiry arrangements will advise of the access position.