Part III

Control over Development

Other controls over development

Good neighbour agreements: appeals
75F
1
Where the planning authority—
a
fail to comply with subsection (6) of section 75E, or
b
make a determination under subsection (5) of that section,
either of the parties referred to in subsection (1)(a) of that section 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 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 obligation—
a
is to continue to have effect without modification,
b
is discharged, or
c
is to have effect subject to the modifications specified in the application.
5
The Scottish Ministers are to give notice of their determination to the applicant within such period as is prescribed.
6
This subsection applies where a determination under subsection (4)(b) or (c) relates to an obligation the agreement 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 is so registered.
8
Where the determination is under subsection (4)(c), the 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.
Ss. 75D-75G inserted (12.12.2008 for specified purposes, 1.2.2011 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 24, 59(2); S.S.I. 2008/411, art. 2(2)(3)(a); S.S.I. 2010/400, art. 3, sch.