# Town and Country Planning (Scotland) Act 1972 (repealed 27.5.1997), Section 91: Grant of certificate by Secretary of State on referred application or appeal against refusal.

Extent: S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Where an application is made to a. . . planning authority for a certificate under section 90 or 90A and is refused, or is refused in part, the applicant may by notice under this subsection appeal to the Secretary of State; and on any such appeal the Secretary of State shall—
(a) if and so far as he is satisfied that the authority’s refusal is not well-founded, grant to the appellant an established use certificate accordingly or, as the case may be, modify the certificate granted by the authority on the application; and
(b) if and so far as he is satisfied that the authority’s refusal is well-founded, dismiss the appeal.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Before determining an. . . appeal under this section the Secretary of State shall, if either the. . . appellant. . . 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.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Subject to section 279 of this Act, Schedule 7 to this Act applies to appeals under this section.
(7) Where the Secretary of State or a person appointed by him under Schedule 7 to this Act to determine an appeal grants a certificate under section 90 or 90A of this Act, the Secretary of State or that person shall give notice to the planning authority of that fact.

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Source: https://www.legislation.gov.uk/ukpga/1972/52/section/91 (the official version)
Page: https://openlegislation.uk/town-and-country-planning-scotland-act-1972-repealed-2751997/section-91
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.