Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997

22 Procedure for section 21 orders: opposed cases

(1) Except as provided in section 23, an order made by a planning authority under section 21 shall not take effect unless it is confirmed by the Secretary of State.

(2) Where a planning authority submit an order to the Secretary of State for confirmation, they shall serve notice on—

(a) the owner of the building affected,

(b) the lessee of that building,

(c) the occupier of that building, and

(d) any other person who in their opinion will be affected by the order.

(3) The notice shall specify the period (which must not be less than 28 days after its service) within which any person on whom it is served may require an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.

(4) If within that period a person on whom the notice is served so requires, the Secretary of State shall, before he confirms the order, give such an opportunity both to that person and to the planning authority.

(5) The Secretary of State may confirm any such order submitted to him either without modification or subject to such modifications as he considers expedient.