Town and Country Planning (Scotland) Act 1997

68 Revocation and modification of planning permission by the Secretary of State.S

(1)If it appears to the Secretary of State that it is expedient that an order should be made under section 65, he may himself make such an order.

(2)Such an order made by the Secretary of State shall have the same effect as if it had been made by the planning authority and confirmed by the Secretary of State.

(3)The Secretary of State shall not make such an order without consulting the planning authority.

(4)Where the Secretary of State proposes to make such an order he shall serve notice on the planning authority.

(5)The notice shall specify the period (which must not be less than 28 days from the date of its service) within which the authority may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(6)If within that period the authority so require, the Secretary of State shall, before making the order, give the authority such an opportunity.

(7)The provisions of this Part and of any regulations made under this Act with respect to the procedure to be followed in connection with the submission by the planning authority of any order under section 65, its confirmation by the Secretary of State and the service of copies of it as confirmed shall have effect, subject to any necessary modifications, in relation to any proposal by the Secretary of State to make such an order by virtue of subsection (1), its making by him and the service of copies of it.

(8)Part II of Schedule 3 shall have effect in relation to orders made by the Secretary of State by virtue of subsection (1) as it has effect in relation to orders made by the planning authority under section 65.