9(1)Where on an application under paragraph 6 the planning authority determine conditions that differ in any respect from the proposed conditions set out in the application, the applicant may appeal to the Secretary of State.S
(2)An appeal under sub-paragraph (1) must be made by giving notice of appeal to the Secretary of State, before the end of the period of six months beginning with the determination, on a form supplied by or on behalf of the Secretary of State for use for that purpose, and giving, so far as reasonably practicable, the information required by that form.
(3)Paragraph 18 of Schedule 8 shall apply to appeals under sub-paragraph (1) as it applies to appeals under paragraph 17 of that Schedule.
(4)Sections 237 to 239 shall have effect as if the action mentioned in section 237(3) included any decision of the Secretary of State—
(a)on an appeal under sub-paragraph (1), or
(b)on an application under paragraph 6 referred to him under paragraph 8.
(5)Schedule 4 shall apply to appeals under sub-paragraph (1).
Modifications etc. (not altering text)
C1Sch. 10 para. 9(1) modified (1.6.2011) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (S.S.I. 2011/139), regs. 1, 33(21)(a)
C2Sch. 10 para. 9(1) modified (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 38(18), (22) (with regs. 2(10), 38, 39, 40, 60(7))
C3Sch. 10 para. 9(2) modified (1.6.2011) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (S.S.I. 2011/139), regs. 1, 33(21)(b)
C4Sch. 10 para. 9(2) modified (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 38(18), (22) (with regs. 2(10), 38, 39, 40, 60(7))