Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

Powers and duties of person determining appeal S

2 (1) A person appointed under this Schedule to determine an appeal shall have the like powers and duties in relation to the appeal as the Secretary of State under whichever are relevant of the following provisions, that is to say—

(a) in relation to appeals under section 33, [F1 subsections (3), (5) and (7A)] of that section;

[F2 (aa) in relation to appeals under section 63A, subsections (4) and (6);]

(b) in relation to appeals under section 85, subsections (4) to (6) of that section;

(c) in relation to appeals under section 91, subsection (2) and (3) of that section;

(d) in relation to appeals under section 93, subsections (4) and (5) of that section;

(e) in relation to appeals under section 99, section 85(4) and (5) of this Act;

(f) in relation to appeals under paragraph 7 of Schedule 10 to this Act, sub-paragraph (3) of that paragraph.

(2) The provisions of section 33(4), [F3 85(2) [F4 to (2D)]], 91(4), 93(2) [F5 and (2A)]and paragraph 7(4) of Schedule 10 to this Act relating to the affording of an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State, shall not apply to an appeal which falls to be determined by a person appointed under this Schedule but before the determination of any such appeal the Secretary of State shall, unless (in the case of an appeal under section 36) the appeal is referred to a Planning Inquiry Commission under section 45 of this Act, ask the applicant or appellant, as the case may require, and the. . . F6 planning authority whether they wish to appear before and be heard by the person so appointed, and—

(a) the appeal may be determined without a hearing of the parties if both of them express a wish not to appear and be heard as aforesaid; and

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

(3) Subject to sub-paragraph (4) of this paragraph, the decision of a person appointed under this Schedule on any appeal to which this Schedule applies shall be final.

Textual Amendments

F1 Words in Sch. 7, para. 2(1)(a) substituted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), ss. 50(2), 61, Sch. 13, para. 41(1) (with s. 84(5)); S.I. 1991/2092, art. 3

F2 Sch. 7 para. 2(1)(aa) inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 34(2)

F3 S. 85(2D) substituted for 85(2) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11, Pt. ii para. 53

F4 Words in Sch. 7 para. 2(2) expressed to be inserted (26.3.1992) “after 85(2)” by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13 para. 41(2) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2

F5 Words in Sch. 7, para. 2(2) inserted (26.3.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 41(2) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2

F6 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

[F7 3A (1) The Secretary of State may by a further direction revoke a direction under paragraph 3 of this Schedule at any time before the determination of the appeal.

(2) A direction under this paragraph shall state the reasons for which it is given and shall be served on the person, if any, previously appointed to determine the appeal, the applicant or appellant, the planningauthority and any person who has made representations relating to the subject matter of the appeal which the authority are required to take into account under section 26(3)(a) of this Act.

(3) Where a direction under this paragraph has been given, the provisions of this Schedule relevant to the appeal shall apply, subject to sub-paragraph (4), as if no direction under paragraph 3 had been given.

(4) Anything done by or on behalf of the Secretary of State in connection with the appeal which might have been done by the person appointed to determine the appeal (including any arrangements made for the holding of a hearing or local inquiry) shall, unless that person directs otherwise, be treated as having been done by him.]

(4) An appeal determined by any such person by virtue of this Schedule shall be treated for the purposes of this Act as having been determined by the Secretary of State.

Textual Amendments

F7 Sch. 7 para. 3A inserted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 42