Planning Circular 4/2013: Planning appeals

CALLED-IN APPLICATIONS AND APPLICATIONS FOR URGENT CROWN DEVELOPMENT

93. Regulation 24 confirms that the definitions set out in Part 1 of the 2013 Regulations, the procedures set out for determining appeals in Part 3, the general provisions in Part 9 as well as the Hearing Session Rules and the Inquiry Session Rules, generally apply to applications called-in for determination by Scottish Ministers (section 46 of the 1997 Act) in the same way as they do to planning application appeals under section 47. Technical modifications are made in the application of these provisions to allow for the fact that decisions will be made by Scottish Ministers rather than an appointed person.

94. Regulation 29, on the compliance with consultation and notification procedures associated with an application when it was before the planning authority (see paragraph 101), applies to a called in application as it would to an appeal in relation to the same type of application.

95. Regulation 25 relates to applications for planning permission for urgent Crown development made directly to Scottish Ministers under section 242A of the 1997 Act. The 2013 Regulations are applied along similar lines to called-in applications, although regulation 29 does not apply as no application was previously before the planning authority.