Local developments: right to appeal for non-determination of an application
7.—(1) Notwithstanding the commencement of section 17 (local developments: schemes of delegation) of the 2006 Act on 3rd August 2009, where the date on which a person who made an application of a kind mentioned in section 47(1) (appeals against planning decisions) of the Act first becomes entitled to appeal to the Scottish Ministers under section 47(2) (appeal against failure to take planning decision) of the Act is before 3rd August 2009–
(a)section 47(2) of the Act shall continue to apply; and
(b)section 43A(8)(c) of the Act(1) (right of review following failure to take planning decision) shall not apply,
in respect of that application.
(2) Section 43A(8)(a) and (b) (right of review of decision of appointed person) of the Act only apply in respect of an application determined by a person appointed by virtue of a scheme of delegation where notice of the decision on the application is given to the applicant on or after 3rd August 2009.
Section 43A is introduced into the Act by section 17 of the 2006 Act.