Town and Country Planning (Scotland) Act 1977 (repealed 27.5.1997)
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Change 1
3 Appeals from determinations of regional planning authorities.
In section 179 of the 1973 Act (reference of applications to regional planning authority)— (1) After subsection (1), there shall be inserted the following subsection— (1A) Where subsection (5) of section 32 of the Act of 1972 applies to an exercise of power by the regional planning authority under that section, the person appointed by the regional planning authority shall be a person approved by the Secretary of State. (2) There shall be added the three following subsections— (3) Subject to the provisions of subsection (4) below, where a regional planning authority have exercised the powers conferred upon them by this section, and the permission or approval for which the application has been made is refused by that authority, or is granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may appeal to the Secretary of State and sections 33 and 34 of the Act of 1972 shall apply to such appeals as they apply to appeals under section 33(1) of that Act, and in those sections references to a planning authority shall include a regional planning authority for this purpose. (4) Where an applicant appeals to the Secretary of State under subsection (3) above, and it appears to the Secretary of State that the regional planning authority before determining the application have afforded to the applicant and the district planning authority an opportunity of appearing and being heard under section 32(5) of the Act of 1972 as applied by section 179(1) of this Act, section 33(4) of the Act of 1972 shall not apply to that appeal. (5) In the application of section 34 of the Act of 1972 to a regional planning authority under subsection (3) above there shall be substituted for the period prescribed by the development order a period of three months from the date when the application is referred to them or such other period as a subsequent development order may prescribe.
3 Appeals from determinations of regional planning authorities.
In section 179 of the 1973 Act (reference of applications to regional planning authority)— (1) After subsection (1), there shall be inserted the following subsection— (1A) Where subsection (5) of section 32 of the Act of 1972 applies to an exercise of power by the regional planning authority under that section, the person appointed by the regional planning authority shall be a person approved by the Secretary of State. (2) There shall be added the three following subsections— (3) Subject to the provisions of subsection (4) below, where a regional planning authority have exercised the powers conferred upon them by this section, and the permission or approval for which the application has been made is refused by that authority, or is granted by them subject to conditions, the applicant, if he is aggrieved by their decision, may appeal to the Secretary of State and sections 33 and 34 of the Act of 1972 shall apply to such appeals as they apply to appeals under section 33(1) of that Act, and in those sections references to a planning authority shall include a regional planning authority for this purpose. (4) Where an applicant appeals to the Secretary of State under subsection (3) above, and it appears to the Secretary of State that the regional planning authority before determining the application have afforded to the applicant and the district planning authority an opportunity of appearing and being heard under section 32(5) of the Act of 1972 as applied by section 179(1) of this Act, section 33(4) of the Act of 1972 shall not apply to that appeal. (5) In the application of section 34 of the Act of 1972 to a regional planning authority under subsection (3) above there shall be substituted for the period prescribed by the development order a period of three months from the date when the application is referred to them or such other period as a subsequent development order may prescribe.
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