Town and Country Planning (Scotland) Act 1997

66 Procedure for section 65 orders: opposed cases

(1) Except as provided in section 67, an order under section 65 shall not take effect unless it is confirmed by the Secretary of State.

(2) Where a planning authority submit such an order to the Secretary of State for confirmation, they shall serve notice on—

(a) the owner of the land affected,

(b) the lessee and the occupier of the land affected, and

(c) any other person who in their opinion will be affected by the order.

(3) The notice shall specify the period within which any person on whom it is served may require the Secretary of State to give him an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(4) If within that period such a person so requires, the Secretary of State shall, before he confirms the order, give such an opportunity both to that person and to the planning authority.

(5) The period referred to in subsection (3) must not be less than 28 days from the service of the notice.

(6) The Secretary of State may confirm an order submitted to him under this section without modification or subject to such modifications as he considers expedient.