Section 91 Grant of certificate by Secretary of State on referred application or appeal against refusal.

Scotland

(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(2)

Where an application is made to a. . . F2 planning authority for F3a 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.

F4(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Before determining an. . . F5 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.

F6(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.

Annotations

Textual amendments

F1: Ss. 91(1), 111, 112 repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4
F2: Word repealed by Local Government (Scotland) Act 1973 (c. 65), s. 172(2)
F3: Words in s. 91(2) substituted (25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s.61, Sch. 13 para. 26(a) (with s. 84(5)); S.I. 1992/1937, art.4 (with art. 5)
F4: S. 91(3)(5) repealed (25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 26(b), Sch. 19 Pt.IV; S.I. 1992/1937, art.4 (with art. 5)
F5: Words repealed by Local Government (Miscellaneous Provisions) (Scotland) Act 1981 (c. 23), Sch. 4
F6: S. 91(7) inserted (25.9.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 61, Sch. 13, para. 26(c) (with s. 84(5)); S.I. 1992/1937, art. 4 (with art. 5)

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 Part V

Modifications

C1: Pt. V excluded by Local Government, Planning and Land Act 1980 (c.65), Sch. 17 para. 8(2)

Notes on Certificate of lawful use or development

Textual amendments

F1: Ss. 90-90C and cross heading substituted for s. 90 ((10.8.1992 for certain purposes under s. 90B, otherwise 25.9.1992)) by Planning and Compensation Act 1991 (c. 34, SIF 123:2), s. 42(1) (with s. 84(5)); S.I. 1992/1937, arts.3, 4 (with art. 5).