Town and Country Planning (Scotland) Act 1969

83 Notice by Secretary of State to planning authority when exercising default powers

(1) The Secretary of State, where he proposes under section 96 of the Act of 1947 (default powers) to make an order—

(a) under section 19 of that Act (revocation or modification of planning permission), or under the provisions of that section as applied by any order or regulations made under Part II of that Act; or

(b) under section 24 of that Act (discontinuance of specified use of land or alteration or removal of buildings or works),

shall serve a notice of the proposal on the local planning authority; and if within such period as may be specified in the notice (not less than twenty-eight days from the date of service) the authority so require, the Secretary of State, before making the order, shall afford to the authority an opportunity of appearing before, and being heard by, a person appointed by him for the purpose.

(2) The obligation of the Secretary of State to serve a notice under this section shall be without prejudice to any requirements of Part II of the Act of 1947, or regulations made thereunder, having effect by virtue of section 96(3) of that Act (requirements as to notice etc., where Secretary of State acts in place of local planning authority).