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Town and Country Planning (Scotland) Act 1997
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- UK Public General Acts
- 1997 c. 8
- SCHEDULE 8
- Part II
- Determination of appeal
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Changes over time for: Cross Heading: Determination of appeal
Alternative versions:
- 27/05/1997- Amendment
- 01/04/2010- Amendment
- 01/10/2011
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Town and Country Planning (Scotland) Act 1997, Cross Heading: Determination of appeal is up to date with all changes known to be in force on or before 29 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Determination of appealS
18(1)On an appeal under paragraph 17 the Secretary of State may—S
(a)allow or dismiss the appeal, or
(b)reverse or vary any part of the decision of the planning authority (whether the appeal relates to that part of it or not),
and may deal with the application as if it had been made to him in the first instance.
(2)Before determining such an appeal the Secretary of State must, if either the appellant or the planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(3)If at any time before or during the determination of such an appeal 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.
(4)The decision of the Secretary of State on such an appeal shall be final.
Modifications etc. (not altering text)
C1Sch. 8 para. 18 applied (with modifications) (1.4.2010) by The Management of Extractive Waste (Scotland) Regulations 2010 (S.S.I. 2010/60), regs. 1(1), 29(3) (with regs. 4, 5)
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