Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

32 Reference of applications to Secretary of State. S

(1) The Secretary of State may give directions requiring, [F1 any such application as is mentioned in section 23(2) of this Act], to be referred to him instead of being dealt with by. . . F2 planning authorities.

(2) a direction under this section—

(a) may be given either to a particular. . . F2 planning authority or to. . . F2 planning authorities generally; and

(b) may relate either to a particular application or to applications of a class specified in the direction.

(3) Any application in respect of which a direction under this section has effect shall be referred to the Secretary of State accordingly.

(4) Subject to subsection (5) of this section, where an application. . . F3 is referred to the Secretary of State under this section, the following provisions of this Act, that is to say, sections 23 [F4 (1)(f) and (h)], 24 [F5 (2B), (2C), (2D) and (4)], 26 F3 . . . [F6 , 27(1) [F7 27A and 28A]], shall apply, with any necessary modifications, as they apply to an application. . . F3 which falls to be determined by the. . . F2 planning authority.

(5) Before determining an application referred to him under this section, other than an application for planning permission referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . F2 planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6) The decision of the Secretary of State on any application referred to him under this section shall be final.

[F8 (7) In this section “planning authority” includes a regional planning authority.]

Textual Amendments

F1 Words substituted by Local Government and Planning (Scotland) Act 1982 (c.43), s. 69(2), Sch. 2 para. 10(a)

F2 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F3 Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 4 Pt. I

F4 Words substituted by Local Government and Planning (Scotland) Act 1982 (c.43), s. 69(2), Sch. 2 para. 10(b)(ii)

F5 Words inserted by Local Government and Planning (Scotland) Act 1982 (c.43), s. 69(2), Sch. 2 para. 10(b)(iii)

F6 Words substituted by Town and Country Planning (Minerals) Act 1981 (c.36), Sch. 2 para. 2

F7 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 55

F8 S. 32(7) added by Local Government and Planning (Scotland) Act 1982 (c.43), s. 69(2), Sch. 2 para. 10(c)

Modifications etc. (not altering text)

C1 S. 32(1)—(5) extended by Local Government (Scotland) Act 1973 (c. 65), s. 179(1)