Building (Scotland) Act 1959 (repealed) (c. 24)

Part II S Building Standards and Building Operations

4A Appeal against decision of [F1 local authority] in application for relaxation of building standards regulations. S

(1) If a [F1 local authority]—

(a) refuse an application to dispense with or relax any provision of the building standards regulations which they have power to dispense with or relax, or

(b) grant such an application subject to conditions,

the applicant may, within such period from the date on which the [F1 local authority] notify him of their decision as may be prescribed by regulations made under section 4(8) of this Act, appeal to the Secretary of State against the refusal or, as the case may be, against any of the said conditions.

(2) If within such period as may be prescribed by regulations made under the said section 4(8), or within such extended period as may at any time be agreed in writing between the applicant and the [F1 local authority], the [F1 local authority] do not notify the applicant of their decision on the application, subsection (1) above shall apply in relation to the application as if the [F1 local authority] had refused the application and notified the applicant of their decision on the last day of the said period.

(3) On any appeal under this section, the Secretary of State may either—

(a) confirm the decision of the [F1 local authority], or

(b) substitute for that decision such other decision as seems to him proper, and for that purpose give any such direction as he might have given if the [F1 local authority] had not had power to dispense with or relax the provision in question and the application had been made to him under section 4(1)(a) of this Act.

Textual Amendments

F1 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1