Part III

Control over Development

Secretary of State’s powers in relation to planning applications and decisions

Matters which may be raised in an appeal under section 47(1)
47A
1
In an appeal under section 47(1), a party to the proceedings is not to raise any matter which was not before the planning authority at the time the decision appealed against was made unless that party can demonstrate—
a
that the matter could not have been raised before that time, or
b
that its not being raised before that time was a consequence of exceptional circumstances.
2
Nothing in subsection (1) affects any requirement or entitlement to have regard to—
a
the provisions of the development plan, or
b
any other material consideration.
S. 47A inserted (12.12.2008 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 19(2), 59(2) (with S.S.I. 2009/222, art. 9(1)(b)); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2009/219, art. 2, sch.
Ss. 47-48 applied (with modifications) by S.I. 1984/467, reg. 21(1)(1A) (as substituted (30.6.2013) by The Town and Country Planning (Control of Advertisements) (Scotland) Amendment Regulations 2013 (S.S.I. 2013/154), regs. 1(1), 2(4)(a) (with reg. 3))