Town and Country Planning (Scotland) Act 1969

PART III Appeals

22 Determination of planning and similar appeals by persons appointed by the Secretary of State

(1) An appeal to which this section applies, being an appeal of a prescribed class, shall, except in such classes of case as may for die time being be prescribed or as may be specified in directions given by the Secretary of State, be determined by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State.

(2) This section applies to—

(a) appeals under section 14 of the Act of 1947 (planning decisions), or under that section as applied by or under any other provision of that Act;

(b) appeals under section 14 of the [1967 c. 69.] Civic Amenities Act 1967 (default powers and appeals in connection with tree preservation orders);

(c) appeals under section 16 of this Act, or under that section as applied by regulations under any provision of the Act of 1947 ;

(d) appeals under section 19(2) of this Act;

(e) appeals under Schedule 4 to this Act.

(3) Regulations made for the purpose of this section may provide for the giving of publicity to any directions given by the Secretary of State under subsection (1) above.

(4) Subsection (1) above shall not affect any provision contained in this Act or the Act of 1947 or any instrument thereunder that an appeal shall lie to, or a notice of appeal shall be served on, the Secretary of State.

(5) A person appointed under this section to determine an appeal shall have the like powers and duties in relation to the appeal as the Secretary of State under whichever are relevant of the following provisions, that is to say—

(a) in relation to appeals under section 14 of the Act of 1947, subsection (2) of that section, subsections (1) and (2) of section 12 of that Act, and section 36 of the Act of 1959 ;

(b) in relation to appeals under section 14 of the [1967 c. 69.] Civic Amenities Act 1967, section 16(4) and (5) above;

(c) in relation to appeals under section 16 of this Act, subsections (4) to (6) of that section ;

(d) in relation to appeals under section 19 of this Act, subsections (2) and (3) of that section ;

(e) in relation to appeals under paragraph 6 of Schedule 4 to this Act, sub-paragraph (3) of that paragraph;

(f) in relation to appeals under paragraph 17 of that Schedule, sub-paragraphs (4) and (5) of that paragraph ;

and those relevant provisions, subsection (3) and, where relevant, subsection (7) of section 16 above or paragraph 6(5) or 17(6) of the said Schedule, as the case may be, shall apply accordingly.

(6) The provisions of section 13(2) of the Act of 1947 as applied by section 14(2) of that Act, sections 16(2) and 19(4) above and paragraphs 6(4) and 17(2) of the said Schedule 4, relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an appeal which falls to be determined by a person appointed under this section, but before the determination of any such appeal the Secretary of State shall ask the applicant or appellant, as the case may require, and the local planning authority whether they wish to appear before and be heard by the person so appointed, and—

(a) the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid ; and

(b) the person so appointed shall, if either of the parties expresses a wish to appear and be heard, afford to both of them an opportunity of so doing.

(7) Subject to subsection (8) below, the decision of a person appointed under this section on any appeal to which this section applies shall be final.

(8) An appeal determined by any such person by virtue of this section shall be treated for the purposes of Part II of the Act of 1947, Part IV of the Act of 1954 and sections 31 and 32 of the Act of 1959 as having been determined by the Secretary of State.

23 Determination of appeals by the Secretary of State

(1) The Secretary of State may, if he thinks fit, direct that an appeal which, by virtue of section 22 above and apart from this subsection, falls to be determined by a person appointed by the Secretary of State shall instead be determined by the Secretary of State.

(2) A direction under this section shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the applicant or appellant, the local planning authority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 36(4)(b) of the Act of 1959 (representations by owners and agricultural tenants).

(3) Where in consequence of a direction under this section an appeal to which section 22 above applies falls to be determined by the Secretary of State, whichever of the following provisions are relevant, that is to say those of—

• the Act of 1947 ;

• section 16 of this Act;

• section 19(2) to (5) of this Act;

• Part I of Schedule 4 to this Act; and

• section 14 of the [1967 c. 69.] Civic Amenities Act 1967,

shall, subject to the following provisions of this section, apply to the appeal as if section 22 above had never applied thereto.

(4) Where in consequence of a direction under this section the Secretary of State determines an appeal himself, he shall afford to the applicant or appellant, the local planning authority and any person who has made any such representations as aforesaid an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for that purpose either—

(a) if the reasons for the direction raise matters with respect to which either the applicant or appellant, or the local planning authority or any such person have not made representations; or

(b) if the applicant or appellant or the local planning authority had not been asked in pursuance of section 22(6) above whether they wished to appear before and be heard by a person appointed to hear the appeal, or had been asked that question and had expressed no wish in answer thereto, or had expressed a wish to appear and be heard as aforesaid, but had not been afforded an opportunity of doing so.

(5) Except as provided by subsection (4) above, where the Secretary of State determines an appeal in consequence of a direction under this section he shall not be obliged to afford any person an opportunity of appearing before, and being heard by, a person appointed for the purpose, or of making fresh representations or making or withdrawing any representations already made, and in determining the appeal the Secretary of State may take into account any report made to him by the person previously appointed to determine it.

24 Appointment of another person to determine an appeal

(1) Where the Secretary of State has appointed a person to determine an appeal under section 22 above, the Secretary of State may, at any time before the determination of the appeal, appoint another person to determine it instead of the first-mentioned person.

(2) Subsections (5) to (8) of the said section 22 shall, subject to subsection (3) below, apply in relation to an appeal which falls to be determined by a person appointed under this section as they apply in relation to an appeal which falls to be determined by a person appointed under that section.

(3) If before the appointment of a person under this section to determine an appeal the Secretary of State had, with reference to the person previously appointed, asked the question referred to in section 22(6) above, the question need not be asked again with reference to the person appointed under this section, and any answers to the question shall be treated as given with reference to him, but—

(a) the consideration of the appeal or any inquiry or other hearing in connection therewith, if already begun, shall be begun afresh ; and

(b) it shall not be necessary to afford any person an opportunity of making fresh representations or modifying or withdrawing any representations already made.

25 Local inquiries and hearings

(1) A person appointed under section 22 or 24 above to determine an appeal may (whether or not the parties have asked for an opportunity to appear and be heard) hold a local inquiry in connection with the appeal and shall hold such an inquiry if the Secretary of State directs him to do so.

(2) Subject to subsection (3) below, the expenses—

(a) of any hearing held by virtue of section 22(6)(b) above ; and

(b) of any inquiry held by virtue of this section,

shall be defrayed by the Secretary of State.

(3) Subsections (4) to (9) of section 50 of /the Act of 1945 (power to summon and examine witnesses, and expenses at inquiries) shall apply to an inquiry held under this section as they apply to an inquiry held under that section.

26 Stopping of appeals

If before or during the determination, whether by the Secretary of State or otherwise, of an appeal under section 14 of the Act of 1947 (appeals against planning decisions) in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of subsections (1), (2) and (4) of section 12 of the Act of 1947 (planning permission and industrial development certificates), of section 1(3) of the Control of Office and [1965 c. 33.] Industrial Development Act 1965 (office development permits) and of the development order and to any directions given under that order, planning permission for that development—

(a) could not have been granted by the local planning authority, or

(b) could not have been granted by them otherwise than subject to the conditions imposed by them,

he may decline to determine the appeal or to proceed with the determination, or, as the case may be, may direct that the determination shall not be begun or proceeded with.

27 Supplementary

(1) The [1958 c. 66.] Tribunals and Inquiries Act 1958 shall apply to a local inquiry or other hearing held in pursuance of this Part of this Act as it applies to a statutory inquiry held by the Secretary of State, but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by a Minister were a reference to a decision taken by a person appointed to determine the relevant appeal under section 22 or 24 above.

(2) The functions of determining an appeal and doing anything in connection therewith conferred by this Part of this Act on a person appointed to determine an appeal thereunder who is an officer of the Scottish Office shall be treated for the purposes of the [1967 c. 13.] Parliamentary Commissioner Act 1967 as functions of that Office.