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- Point in Time (27/05/1997)
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Version Superseded: 01/12/2011
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Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, Cross Heading: Powers and duties of appointed person is up to date with all changes known to be in force on or before 08 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.
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2(1)An appointed person shall have the same powers and duties—S
(a)in relation to an appeal under section 18 as the Secretary of State has under subsection (1) of section 20 and paragraph 2 of Schedule 1, and
(b)in relation to an appeal under section 35, as he has under section 37(1), (2) and (4) and paragraph 2 of Schedule 1.
(2)Sections 20(2) and 36(2) shall not apply to an appeal which falls to be determined by an appointed person, but before it is determined the Secretary of State shall ask the appellant and the planning authority whether they wish to appear before and be heard by the appointed person.
(3)If both the parties express a wish not to appear and be heard, the appeal may be determined without their being heard.
(4)If either of the parties expresses a wish to appear and be heard, the appointed person shall give them both an opportunity of doing so.
(5)Where an appeal has been determined by an appointed person, his decision shall be treated as that of the Secretary of State.
(6)Except as provided by sections 57 and 58, the decision of an appointed person on any appeal shall be final.
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