Town and Country Planning (Scotland) Act 1997

Powers and duties of appointed persons

2 (1) An appointed person shall have the same powers and duties—

(a) in relation to an appeal under section 47, as the Secretary of State has under section 48(1), (3), (5) and (8);

(b) in relation to an appeal under section 130, as he has under sections 132(1), (2) and (4) and 133(1) to (4);

(c) in relation to an appeal under section 154, as he has under subsection (2) and (3) of that section;

(d) in relation to an appeal under section 169, as he has under subsections (5), (6), (8) and (9) of that section;

(e) in relation to an appeal under section 180, as he has under subsections (4) and (6) of that section; and

(f) in relation to an appeal under paragraph 6(11) or (12) or 11(1) of Schedule 9 or paragraph 9(1) of Schedule 10, as he has under paragraph 18 of Schedule 8.

(2) Sections 48(2), 131(2) and 155(1) shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the planning authority whether they wish to appear before and be heard by the appointed person.

(3) If both the parties express a wish not to appear and be heard, the appeal may be determined without their being heard.

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

(5) Sub-paragraph (2) does not apply in the case of an appeal under section 47 if the appeal is referred to a Planning Inquiry Commission under section 69.

(6) Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.

(7) Except as provided by section 239, the decision of an appointed person on an appeal shall be final.