The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984

Appeals to the Secretary of State

21.—(1) Where, on application being made, consent is refused by the planning authority or is granted by them subject to conditions, the applicant may appeal to the Secretary of State:

Provided that the Secretary of State shall not be required to entertain an appeal under this regulation if it appears to him, having regard to the provisions of these regulations, that consent for the display of advertisements in respect of which application was made could not have been granted otherwise and subject to the conditions imposed by them.

(2) Where the planning authority serve a discontinuance notice on any person the provisions of paragraph (1) above shall apply as if that person had made an application for consent for the display of the advertisements, or for the use of the site, to which the notice relates and the planning authority had refused consent for the reasons stated in the notice and as if the discontinuance notice constituted notification of the planning authority's decision in terms of regulation 20.

(3) Any person who desires to appeal under this regulation shall give notice of appeal in writing to the Secretary of State stating the grounds on which the appeal is based within 6 months from the receipt of notification of the planning authority's decision, or in the case of a discontinuance notice within 28 days from the date of service of the notice, and shall within 28 days from giving notice of appeal send to the Secretary of State a copy of each of the following documents:—

(a) the application made to the planning authority or, as the case may be, the discontinuance notice served by the planning authority;

(b) all relevant plans and particulars submitted to the planning authority;

(c) the notice of the decision of the planning authority, if any;

(d) any notice of variation of the discontinuance notice;

(e) all other relevant correspondence with the planning authority.

(4) The planning authority shall, within 28 days from the date when the Secretary of State advises them of the appeal, submit a statement in writing of their observations on the appeal.

(5) Before determining an appeal under this regulation the Secretary of State shall, if either the applicant or the planning authority so desire, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.

(6) Where the appellant or the planning authority have failed to comply with the requirements of paragraphs (3) or (4) above or to supply any further observations or documents which may be required by the Secretary of State within any time specified by him, the Secretary of State may nevertheless proceed to determine the appeal.

(7) The Secretary of State may allow or dismiss an appeal where an application has been made to the planning authority or may reverse or vary any part of the decision of the planning authority whether or not the appeal relates to that part or may deal with the application as if it has been made to him in the first instance.

(8) On the determination of an appeal under this regulation in respect of a discontinuance notice served by the planning authority the Secretary of State shall give such direction as may be necessary for giving effect to his determination including, where appropriate, directions for quashing the discontinuance notice or for varying the terms of the discontinuance notice in favour of the appellant.

(9) The decision of the Secretary of State on any appeal under this regulation shall be final and shall otherwise have effect as if it were the decision of the planning authority.