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Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997)
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32 Reference of applications to Secretary of State.S
(1)The Secretary of State may give directions requiring, [F1any 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 [F426(1) to (3A),], [F427(1), 27A, 28A and 29] shall apply, with any necessary modifications, as they apply to an application. . . F3 which falls to be determined by the. . . F2 planning authority [F5and regulations under this Act or a development order may apply, with or without modifications, to an application so referred any requirements imposed by such regulations or such an order by virtue of section 23 or 24 of this Act.].
(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.
[F6(7)In this section “planning authority” includes a regional planning authority.]
Textual Amendments
F1Words substituted by Local Government and Planning (Scotland) Act 1982 (c.43), s. 69(2), Sch. 2 para. 10(a)
F2Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F3Words repealed by Local Government and Planning (Scotland) Act 1982 (c. 43), s. 69(2), Sch. 4 Pt. I
F4Words in s. 32(4) substituted (26.3.1992 so far as relating to the substitution of a reference to “27(1),27A and 28A” by a reference to “27(1), 27A, 28A and 29” and otherwise 3.2.1995) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 10(a) (with s. 84(5)); S.I. 1992/334, art. 4, Sch. 2; S.I. 1994/3292, art. 3
F5Words in s. 32(4) inserted (3.2.1995) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 10(b) (with s. 84(5)); S.I. 1994/3292, art. 3
F6S. 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)
C1S. 32(1)—(5) extended by Local Government (Scotland) Act 1973 (c. 65), s. 179(1)
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