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Town and Country Planning (Scotland) Act 1997

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Changes over time for: Cross Heading: Right of appeal

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Changes to legislation:

Town and Country Planning (Scotland) Act 1997, Cross Heading: Right of appeal is up to date with all changes known to be in force on or before 28 February 2025. 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. Help about Changes to Legislation

Right of appealS

17(1)Where the planning authority—S

(a)refuse an application under paragraph 13, or

(b)in granting such an application, ascertain an area of land, or conditions, which differ from those specified in the application,

the applicant may appeal to the Secretary of State.

(2)Where, on an application under paragraph 14, the planning authority determine conditions that differ in any respect from the conditions set out in the application, the applicant may appeal to the Secretary of State.

(3)An appeal under this paragraph must be made by giving notice of appeal to the Secretary of State.

(4)In the case of an appeal under sub-paragraph (1), the notice must be given to the Secretary of State before the end of the period of 3 months beginning with the determination or, in the case of an application treated as refused by virtue of paragraph 13(5), beginning at the end of the period or extended period referred to in paragraph 13(5)(b).

(5)In the case of an appeal under sub-paragraph (2), the notice must be given to the Secretary of State before the end of the period of 6 months beginning with the determination.

(6)A notice of appeal under this paragraph is a notice which—

(a)is made on an official form, and

(b)is accompanied by an appropriate certificate.

(7)The appellant must, so far as reasonably practicable, give the information required by the form.

(8)Paragraph 16(5) and (6) shall apply for the purposes of sub-paragraph (7) as it applies for the purposes of paragraph 16(1).

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