Town and Country Planning (Scotland) Act 1969

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.