(1)In a review under section 43A(8), a party to the proceedings is not to raise any matter which was not before the appointed person at the time the determination reviewed was made unless that party can demonstrate—
(a)that the matter could not have been raised before that time, or
(b)that its not being raised before that time was a consequence of exceptional circumstances.
(2)Nothing in subsection (1) affects any requirement or entitlement to have regard to—
(a)the provisions of the development plan, or
(b)any other material consideration.]
Textual Amendments
F1Ss. 43A, 43B inserted (12.12.2008 for specified purposes, 6.4.2009 for specified purposes, 3.8.2009 in so far as not already in force) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 17, 59(2) (with S.S.I. 2009/222, art. 7(1)(b)(2)); S.S.I. 2008/411, art. 2(2)(3)(a), S.S.I. 2009/100, art. 2, sch., S.S.I. 2009/219, art. 2, sch.