TOWN AND COUNTRY PLANNING Citation, commencement and interpretation 1 1 These Regulations may be cited as the Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2009 and come into force on 3rd August 2009. 2 In these Regulations– “the 1990 Regulations ” means the Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Regulations 1990 ; “the 1992 Regulations ” means the Town and Country Planning (Enforcement of Control) ( No. 2) (Scotland) Regulations 1992 . Amendment of the Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Regulations 1990 2 1 Subject to paragraph (6) the 1990 Regulations are amended in accordance with paragraphs (2) to (5). 2 In regulation 2 (interpretation) in the definition of “application” for “paragraphs 3, 4, 6, and 7” substitute “paragraph 6”. 3 Omit regulation 5 (appeals questionnaire). 4 In regulation 6 (written submissions)– a omit paragraph (1); b in paragraph (2) for “paragraphs 3, 4 and 6” substitute “paragraph 6”; and c in paragraph (3)– i for “paragraphs 2, 5, 7 and 8” substitute “paragraph 8”; and ii omit “(1) or”. 5 In the Schedule omit paragraphs 1, 2, 3, 4, 5 and 7. 6 The 1990 Regulations shall continue to have effect in relation to an appeal in respect of which notice of appeal is given to the Scottish Ministers before 3rd August 2009 as they had effect immediately before that date. Amendment of the Town and Country Planning (Enforcement of Control) (No. 2) (Scotland) Regulations 1992 3 1 Subject to paragraph (6), the 1992 Regulations are amended in accordance with paragraphs (2) to (5). 2 In regulation 5 (statement by appellant)– a for “sections 63A(2), 85(2) or” substitute “section”; and b omit “a waste land notice, an enforcement notice,”. 3 In regulation 6(1) (statement by planning authority) omit– a “a waste land notice, an enforcement notice,”; and b sub paragraph (b). 4 In regulation 7 (register of wasteland notices, enforcement notices, breach of condition notices and stop notices)– a in paragraph (1)– i after “breach of condition notice” where those words first occur insert “, notice under section 33A of the Act, temporary stop notice”; and ii after sub-paragraph (m) insert– n in the case of a temporary stop notice, a statement or summary of the activity prohibited by the notice and the date on which the temporary stop notice is to cease to have effect; o in the case of a notice under section 33A, the date specified in the notice by which an application for planning permission for the development to which the notice relates is to be made; ; and b in paragraph (2)– i omit “and” following sub-paragraph (b); and ii at the end of sub-paragraph (c) insert– ; and d in the case of a temporary stop notice, when the notice is withdrawn. . 5 In regulation 8 (application of regulations)– a omit “, to appeals made against such notices”; and b in paragraph (d) in the text of regulation 6 as substituted omit “an enforcement notice”. 6 Regulations 5, 6 and 8 of the 1992 Regulations shall continue to have effect in relation to an appeal in respect of which notice is given to the Scottish Ministers under section 130(2) or 180(2) before 3rd August 2009 as they had effect immediately before that date. Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2008 4 1 The Town and Country Planning (Appeals) (Scotland) Regulations 2008 are amended in accordance with paragraphs (2) and (3). 2 In regulation 5(2)(a) and (b) (notification to interested parties) for “person” substitute “party”. 3 In regulation 19(1)(a) (further copies of documents etc ) for “appropriate” substitute “appointed”. Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008 5 1 The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2008 are amended in accordance with paragraph (2). 2 In regulation 10(2)(a) and (b) (notification to interested parties and publication) for “person” substitute “party”. Amendment of the Town and Country Planning (Development Planning) (Scotland) Regulations 2008 6 1 The Town and Country Planning (Development Planning) (Scotland) Regulations 2008 are amended in accordance with paragraph (2). 2 In regulation 24 (development plan schemes) after “timetable” insert “proposed”. Amendment of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 7 1 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008 are amended in accordance with paragraphs (2) to (9). 2 In regulation 2(1)(b) (application) omit “in principle”. 3 In regulation 3(1) (interpretation) in the definition of “neighbouring land” for “land which” substitute “an area or plot of land which, or part of which,”. 4 In regulation 13(3) (design and access statements) at the end of sub-paragraph (b)(iii) insert– ; or c an application for planning permission in principle. . 5 In regulation 20(1)(c) and (d) (publication of application by the planning authority) after “application” insert “is made under regulation 9, 10 or 11 and”. 6 In regulation 27(1)(b) (pre-determination of hearings) omit “local”. 7 In regulation 45 (transitional provisions)– a in paragraph (1)(b) omit “in principle”; and b for paragraph (3) substitute– 3 In regulation 26– a in paragraph (2)(a) and (b) for “validation date” substitute, “the date of receipt of the application”; and b omit paragraph (4). 3A References in regulations 26 and 28 and in Schedule 2 to applications made under regulations 9 to 12 of these Regulations are to be treated for the purposes of the application of those provisions in the case mentioned in paragraph (1) as references to applications made under articles 3, 4, 5 or 6, as the case may be, of the 1992 Order. . 8 In regulation 47 (revocations and savings)– a in paragraph (1) for “(4)” substitute (4A); b in paragraph (3)(b) omit “in principle”; c in paragraph (4)(b) for “14” substitute “14(2)”; and d after paragraph (4) insert– 4A Parts 1 and 2 and Schedules 2 and 4 to the 1992 Order shall continue to apply as they did immediately before 3rd August 2009 for the purposes of paragraph 7(5) of Schedule 9 and paragraph 6(3) of Schedule 10 to the Act. . 9 In Schedule 2 (registers under sections 36(1) to (4))– a omit “and” following paragraph 3(d); and b at the end of paragraph 3(e) insert– ; and f where an application is deemed to be refused under regulation 7(5) of the Environmental Impact Assessment (Scotland) Regulations 1999 a statement to that effect including the date on which the application is deemed to be refused . STEWART STEVENSON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 3rd June 2009