12(1)On a compliance determination application the applicant may require the authority to give him an opportunity before the application is determined of appearing before and being heard by a person appointed by the authority for the purpose.S
(2)In the case of—
(a)a compliance determination application referred to the Secretary of State for decision, or
(b)an appeal under this Schedule,
the applicant or the authority may require the Secretary of State to give him or them an opportunity before the application or appeal is determined of appearing before and being heard by a person appointed by the Secretary of State for the purpose.