Paragraph 7 F1
Scotland
The Secretary of State may give directions requiring applications under this Schedule to any planning authority to be referred to him for determination instead of being dealt with by the authority.
The direction may relate either to a particular application or to applications of a class specified in the direction.
Where an application is referred to him under this paragraph—
subject to paragraph (b) and sub-paragraph (4) below, the following provisions of this Schedule—
paragraph 1(1) to (4),
paragraph 2(1) to (6)(a), (7) and (8),
paragraphs 3 and 4, and
paragraphs 8 to 10,
shall apply, with any necessary modifications, as they apply to applications which fall to be determined by the planning authority,
before determining the application the Secretary of State must, if either the applicant or the planning authority so wish, give each of them an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and
the decision of the Secretary of State on the application shall be final.
Where an application under paragraph 1 above is so referred to him, paragraph 2(5) above shall apply as if for paragraphs (a) and (b) there were substituted “the date on which the application for registration is finally determined”.
Annotations
Textual amendments
- F1
Sch. 10A inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 52, Sch.9 (with s. 84(5)); S.I. 1992/71, art.2.
Notes on the whole Act
Textual amendments
- F1
Act repealed (27.5.1997) by 1997 c. 11, ss. 3, 6(2), Sch. 1 Pt. I (with s. 5, Sch. 3)
Notes on Schedule 10a
Textual amendments
- F1
Sch. 10A inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 52, Sch.9 (with s. 84(5)); S.I. 1992/71, art. 2
Notes on Reference of applications to Secretary of State
Textual amendments
- F1
Sch. 10A inserted (24.1.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 52, Sch.9 (with s. 84(5)); S.I. 1992/71, art.2.