Town and Country Planning (Scotland) Act 1954

24 Supplementary provisions as to review of planning decisions

(1) Before giving a direction under the last preceding section, the Secretary of State shall give notice in writing of his proposed direction to the local planning authority to whose decision that direction relates and to any person who made, and has not since withdrawn, a claim in respect of that decision, and, if so required by that authority or by any such person, shall afford to each of them an opportunity to appear before, and be heard by, a person appointed by the Secretary of State for the purpose.

(2) Where the Secretary of State gives a direction under the last preceding section, he shall give notice of the direction to the local planning authority to whose decision the direction relates, and to every other person (if any), who made, and has not since withdrawn, a claim in respect of that decision; and, where a notice under this subsection is given to a person who made such a claim, that person, if he does not withdraw the claim, may, at any time within thirty days after the service on him of the notice under this subsection, give notice to the Secretary of State modifying the claim.

(3) Subject to any modification by virtue of a notice given by a claimant under the last preceding subsection, where the Secretary of State gives a direction under the last preceding section in respect of a decision of a local planning authority, any claim made in respect of that decision shall have effect as if it had been made in respect of the decision which by virtue of the direction is substituted for the decision of the authority, or, as the case may be, as if it had been made in respect of the decision of the authority as modified by the direction.