Town and Country Planning (Scotland) Act 1972

234 Appeals to Court of Session against decisions under s. 51

(1) If. in the case of any decision to which this section applies, the person who made the application to which the decision relates, or the local planning authority, is dissatisfied with the decision in point of law, that person or the local planning authority (as the case may be) may, according as rules of court may provide, either appeal against the decision to the Court of Session or require the Secretary of State to state and sign a case for the opinion of the Court of Session.

(2) This section applies to any decision of the Secretary of State-

(a) on an application under section 51 of this Act which is referred to the Secretary of State under the provisions of section 32 of this Act as applied by that section; or

(b) on an appeal from a decision of the local planning authority under section 51 of this Act, being an appeal brought under the provisions of section 33 of this Act as so applied.

(3) Where an application under section 51 of this Act is made as part of an application for planning permission, the preceding provisions of this section shall have effect in relation to that application in so far as it is an application under the said section 51, but not in so far as it is an application for planning permission.

(4) In relation to proceedings in the Court of Session brought by virtue of this section, the power to make rules of court shall include power to make rules prescribing the powers of the Court of Session with respect to—

(a) the giving of any decision which might have been given by the Secretary of State;

(b) the remitting of the matter, with the opinion or direction of the court, for re-hearing and determination by the Secretary of State;

(c) the giving of directions to the Secretary of State.

(5) Without prejudice to the preceding provisions of this section, the power to make rules of court in relation to proceedings in the Court of Session brought by virtue of this section shall include power to make rules providing for the Secretary of State, either generally or in such circumstances as may be prescribed by the rules, to be treated as a party to any such proceedings and to be entitled to appear and to be heard accordingly.