Part III Control over Development
Other controls over development
C175BF1Appeals
1
Where a planning authority—
a
fail to comply with section 75A(5), or
b
determine that a planning obligation is to continue to have effect without modification,
the applicant may appeal to the Scottish Ministers.
2
For the purposes of an appeal under subsection (1)(a), it is to be assumed that the authority have determined that the planning obligation is to continue to have effect without modification.
3
Any appeal under subsection (1) is to be made by notice served—
a
within such period, and
b
in such manner,
as may be prescribed.
4
On an appeal under subsection (1) the Scottish Ministers may determine that the planning obligation—
a
is to continue to have effect without modification,
b
is discharged, or
c
is to have effect subject to F2modifications.
F34A
Where the Scottish Ministers propose to make a determination under subsection (4)—
a
discharging the planning obligation despite that not being sought in the application, or
b
modifying the planning obligation in a way that is not sought in the application,
they must obtain the applicant's consent before making the determination.
4B
Where the Scottish Ministers propose to make a determination under subsection (4) modifying the planning obligation so as to put or increase a burden on any non-applicant, they must obtain that person's consent before making the determination.
4C
Where an application under subsection (2) relates to more than one planning obligation, the Scottish Ministers may make a separate determination in relation to each planning obligation.
5
The Scottish Ministers are to give notice of their determination to
b
any non-applicant against whom the planning obligation is enforceable,
F6within such period as is prescribed.
6
This subsection applies where a determination under subsection (4)(b) or (c) relates to a planning obligation the relevant instrument in relation to which has been recorded in the Register of Sasines or registered in the Land Register of Scotland.
7
Where subsection (6) applies, the determination does not take effect until the date on which notice given under subsection (5) is so recorded or as the case may be so registered.
8
Where the determination is under subsection (4)(c), the planning obligation is enforceable as modified—
a
in a case where subsection (6) applies, from the date mentioned in subsection (7), and
b
in any other case, from the date on which notice is given under subsection (5).
9
Regulations may make provision with respect to the form and content of any notice—
a
served under subsection (3), or
b
given under subsection (5).
10
Except as provided under section 239, the determination of an appeal by the Scottish Ministers under this section is final.
11
Schedule 4 applies to appeals under this section, including appeals under this section as applied by regulations under any other provisions of this Act.