I see that Schedule 4 section 6 (2) of the 2006 Scotland Act states that notice of not less than 7 days is to be given to the applicant of the opportunity to respond to any report produced by the council, before determining the application.
I have lots of HMO's and I am finding is that instead of cooperating the council making very terse reports and sharp times scales to clear the issues. And, going straight to determining the application by written procedure.
I am also finding that they are dating notices on, say a Friday to determine an application on the following Friday. The problem is, that notices are often franked on the following Monday or Tuesday and getting to me on the Wednesday or Thursday. Meaning I have had as little as five hours and ended up hand deliver a response. I suppose part of the enquiry is are the days quoted in the act calender or business days, and/or possibly clear days?
Thanks for determining the calender days; I think I am most of the way with the spirit of the law . The problem is the implementation; demonstrating when they posted the letter (if at all) and showing when it actually landed on my door mat.
I suppose the essential question is: if they date a letter on the Thursday, what, is the date time and place next week that I have to have the response on their door mat?
OK nearly there; its 7 days from service of the letter. I read some where service is the day after if 1st class post is used. I suppose the question is, is seven clear days and what time of day is considered end of the day?
Ok, seem to be missing each other here but thanks anyway.