Planning Circular 4/2013: Planning appeals

INTRODUCTION

1. This circular covers the requirements of the Town and Country Planning (Appeals) (Scotland) Regulations 2013 - SSI 2013/156

(The 2013 Regulations) ^[1] . These bring together amendments made previously to the 2008 version of these regulations and make a number of further amendments. The 2013 Regulations came into force on 30 June 2013.

2. The 2013 Regulations set out the detailed statutory requirements for appeals within the framework of the primary legislation contained in the Town and Country Planning (Scotland) Act 1997 as amended ^[2] (the 1997 Act) and the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 as amended ^[3] (The Listed Buildings Act). They also set out the procedures for dealing with applications called in for determination by Scottish Ministers under these Acts.

3. The planning system should operate in support of the Government's central purpose of creating a more successful country, with opportunities for all of Scotland to flourish, through increasing sustainable economic growth. For decision-making this means providing greater certainty of process, including being timely and transparent, as a means to achieve better places for Scotland. Scottish Planning Policy outlines both general planning and subject policy considerations to be given due account in decision-making. The appeal process, as explained in this circular, is 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.

4. Appeals to Scottish Ministers are processed on their behalf by the Directorate for Planning and Environmental Appeals ( DPEA). References to submitting appeals, documents or responses to Scottish Ministers or the appointed person should be read as submitting them to DPEA at:

E-mail: DPEA@scotland.gsi.gov.uk
Telephone: 01324 696 400