Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)

33 Appeals against planning decisions. S

(1) Where an application is made to a. . . F1 planning authority

[F2 (a) for planning permission to develop land;

(b) for an approval of that authority required under a development order; or

(c) for any consent, agreement or approval of that authority required by a condition imposed on a grant of planning permission,

and that permission, consent, agreement] or approval is refused by that authority or is granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may by notice under this section appeal to the Secretary of State.

(2) Any notice under this section shall be served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as may be prescribed by [F3 regulations under this Act or] a development order.

(3) Where an appeal is brought under this section from a decision of a. . . F1 planning authority, the Secretary of State, subject to the following provisions of this section, may allow or dismiss the appeal, or may reverse or vary any part of the decision of the. . . F1 planning authority, whether the appeal relates to that part thereof or not, and may deal with the application as if it had been made to him in the first instance.

Provided that where the Secretary of State proposes to reverse or vary any part of the decision of the. . . F1 planning authority to which the appeal does not relate, he shall give notice of his intention to the. . . F1 planning authority and to the applicant and shall afford to them an opportunity to make representations in regard thereto.

(4) Before determining an appeal under this section, other than an appeal referred to a Planning Inquiry Commission under section 45 of this Act, the Secretary of State shall, if either the applicant or the. . . F1 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.

(5) Subject to subsection (4) of this section, the following provisions of this Act, that is to say, sections [F4 23,] 24, 26(1) and (3) [F5 , 27(1) [F6 27A and 28A]] shall apply, with any necessary modifications, in relation to an appeal to the Secretary of State under this section as they apply in relation to an application for planning permission which falls to be determined by the. . . F1 planning authority.

(6) The decision of the Secretary of State on any appeal under this section shall be final.

(7) If before or during the determination of an appeal under this section in respect of an application for planning permission to develop land, the Secretary of State forms the opinion that, having regard to the provisions of sections 26(1), [F7 and 27(1)] of this Act [F8 ,any regulations made under this Act in that regard and of any development order] and to any directions given [F8 under such regulations or such order], planning permission for that development—

(a) could not have been granted by the. . . F1 planning authority; or

(b) could not have been granted by them otherwise than subject to the conditions imposed by them,

he may decline to determine the appeal or to proceed with the determination.

[F9 (7A) If at any time before or during the determination of an appeal under this section it appears to the Secretary of State that the appellant is responsible for undue delay in the progress of the appeal, he may—

(a) give the appellant notice that the appeal will be dismissed unless the appellant takes, within the period specified in the notice, such steps as are specified in the notice for the expedition of the appeal; and

(b) if the appellant fails to take those steps within that period, dismiss the appeal accordingly.]

(8) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section, including appeals under this section as applied by or under any other provision of this Act.

Textual Amendments

F1 Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)

F2 Words substituted by Local Government and Planning (Scotland) Act 1982 (c.43), s. 69(2), Sch. 2 para. 11(a)

F3 Words in s. 33(2) inserted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 11(a) (with s. 84(5)); S.I. 1991/2092, art.3

F4 Word inserted by Local Government and Planning (Scotland) Act 1982 (c. 43, SIF 81:2), s. 69(2), Sch 2 para. 11(b)

F5 Words substituted by Town and Country Planning (Minerals) Act 1981 (c.36), Sch. 2 para. 3

F6 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt. II para. 55

F7 Words substituted by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(1), Sch. 11 Pt II para. 56

F8 Words in s. 33(7) substituted (25. 9. 1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 11(c)(i)(ii) (with s. 84(5)); S.I. 1991/2092, art.3

F9 S. 33(7A) inserted (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 50(1) (with s. 84(5)); S.I. 1991/2092, art.3.

Modifications etc. (not altering text)

C1 S. 33 restricted by S.I. 1988/1221, art. 14(3)(4)

C2 S. 33(2) amended by Local Government (Scotland) Act 1973 (c. 65), s. 180