The Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Scotland) Regulations 1987

PART II NOTIFICATION TO BE SENT TO APPLICANT ON REFUSAL TO VARY OR DISCHARGE CONDITIONS ATTACHED TO A LISTED BUILDING CONSENT OR A CONSERVATION AREA CONSENT OR ON THE ADDITION OF NEW CONDITIONS CONSEQUENTIAL UPON VARIATION OR DISCHARGE

If the applicant is aggrieved by the decision of the planning authority to refuse to vary or discharge the conditions attached to a listed building consent or conservation area consent or to add new conditions consequential upon any such variation or discharge, he may by notice served within 6 months of the receipt of this notice appeal to the Secretary of State for Scotland (on a form obtainable from him on application to the Secretary, Scottish Development Department, New St Andrew’s House, St James Centre, Edinburgh EH1 3SZ) in accordance with paragraph 7 of Schedule 10 to the Town and Country Planning (Scotland) Act 1972, as also applied to buildings in conservation areas by section 262A(8) of that Act (as substituted by section 2(1) of the Town and Country Amenities Act 1974, and amended by (1) Schedule 2, paragraph 38(a) of the Local Government and Planning (Scotland) Act 1982, and

(2) Schedule 9, paragraph 21 of the Housing and Planning Act 1986). The Secretary of State has power to allow a longer period for the giving of a notice of appeal, but he will not normally be prepared to exercise this power unless there are special circumstances which excuse the delay in giving notice of appeal.