Written submissions, hearings and inquiries
Over 90% of our casework is dealt with by the exchange of written submissions. Under this procedure a structured and timetabled series of written exchanges takes place involving the appellant, the planning authority and any other persons who have indicated their interest. These are considered by the reporter, who inspects the site, generally in the presence of the parties, and then issues his or her decision or a report and recommendation.
In any appeal the appellant or the planning authority may request to be heard by a person appointed by the Scottish Ministers. In these circumstances and until the Town and Country Planning (Appeals) (Scotland) Regulations 2008 take effect, a formal public local inquiry or a more informal hearing is held.
The conduct of public local inquiries in planning cases is governed by statutory procedure rules. The inquiry offers the opportunity for the presentation of evidence and opinion by the appellant, the planning authority, any other parties involved in the case (such as consultees like SEPA or SNH), and by members of the public. In public local inquiries there is the opportunity for those giving oral evidence to be cross-examined. A reporter holds the inquiry and then writes a decision notice determining the appeal or (in non-delegated cases) writes a report and recommendation for consideration by the Scottish Ministers.
Hearings take the form of a discussion led by the reporter, which follows an agenda circulated in advance, following the exchange of statements prepared by all of the participants. There is no opportunity for formal cross-examination. Other matters that do not need to be discussed at the hearing are considered on the basis of the parties' written submissions. These procedures are set out in a Code of Practice.
These processes change on 3 August 2009 when the Town and Country Planning (Appeals) (Scotland) Regulations 2008 come into effect. Guidance about these new procedures and the impact they will have on users if the system will be made available on our website.
