Planning Circular 4/2013: Planning appeals

APPEALS AGAINST ENFORCEMENT NOTICES, TREE REPLACEMENT NOTICES AND AMENITY NOTICES UNDER THE 1997 ACT AND ENFORCEMENT NOTICES UNDER THE LISTED BUILDINGS ACT

57. Part 4 of the 2013 Regulations provides (under regulations 14-16) some detailed procedural requirements for appeals against:

• enforcement notices ^[8] (section 130 of the 1997 Act - including as applied by the 1984 Regulations);
• tree replacement notices (section 169 of the 1997 Act);
• amenity notices (section 180 of the 1997 Act); and
• enforcement notices (section 35(2) of the Listed Buildings Act),

which are different from the processes for considering planning application appeals described above.

58. The 2013 Regulations supplement the provisions in the 1997 Act and the Listed Buildings 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 provisions for planning application appeals.

59. Appeals in these cases must be made before the date (specified in the notice) on which the notice takes effect.

Statement of appeal

60. The 1997 Act and the Listed Buildings Act require that a statement should be provided by an appellant specifying the grounds of appeal and providing such other information as may be prescribed. Regulation 14 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; and
• a note of what matters the appellant considers require determination and by what procedure they should be examined.

61. The statement is to be accompanied by copies of all documents, materials and evidence which the appellant intends to rely upon in the appeal and these should make the appellant's full case. Regulation 14(5) specifies that the appellant may only raise additional matters ( i.e. new issues) to those set out in the statement of appeal and accompanying documents either:

• in response to particular matters raised by the planning authority (regulation 15); or
• where further information or evidence is specifically requested by the appointed person (whether through written submissions (regulation 11), hearing sessions or inquiry sessions).

Intimation to the planning authority and response

62. At the same time as giving notice of appeal to Scottish Ministers, regulation 15 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 his or her case. The planning authority has a period of 21 days, beginning with the date of receipt of this information, within which it must provide its response to Scottish Ministers and the appellant.

63. The authority's response 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 wish 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 them and taken into account in reaching the decision to issue the notice which is the subject of the appeal.

64. The appellant is entitled to send to Scottish Ministers and the planning authority comments on the planning authority's response. This must be done within 14 days, beginning with the date of receipt of the planning authority's response. Regulation 15(4) requires that the planning authority is to make copies of the appeal papers available for inspection at an office of the planning authority. The legislation does not rule out electronic provision in this regard; however, it must be possible to view the information effectively.

Notification to other parties

65. Regulation 16 requires that the planning authority must give notice of the appeal to each person, other than the appellant, on whom the original enforcement, amenity or tree replacement notice was served. This is to be done no later than 14 days following notification of the appeal. This notice of the appeal is to set out the following information:

• the name of the appellant and the address of the land which is the subject of the appeal;
• the steps required by the notice;
• that representations can be made to Scottish Ministers; and
• an explanation of how and when these can be made and where a copy of the notice of appeal can be inspected.

66. The period allowed for making responses is to be no less than 14 days from the date on which notice is given by the planning authority.

67. Parts 1, 3, 9 (except regulation 29 - see paragraph 101) and 10 of the 2013 Regulations and the schedules containing Hearing Session and Inquiry Session Rules apply to these appeals in the same way as they do to planning permission appeals.