Paragraph 11

Where the planning authority—

(a)

on an application under paragraph 9 determine under that paragraph conditions that differ in any respect from the proposed conditions set out in the application, or

(b)

give notice, under paragraph 10(2)(d), stating that, in their opinion, the restriction of working rights in question would not be such as to prejudice adversely to an unreasonable degree either of the matters referred to in paragraph 10(2)(d)(i) and (ii),

the person who made the application may appeal to the Secretary of State.

C3 C4(2)

An appeal under sub-paragraph (1) must be made by giving notice of appeal to the Secretary of State before the end of the period of six months beginning with the date on which the authority give notice to the applicant of their determination or, as the case may be, stating their opinion.

Annotations

Modifications

C1: Sch. 9 para. 11(1) modified (1.6.2011) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (S.S.I. 2011/139), regs. 1, 33(21)(a)
C2: Sch. 9 para. 11(1) modified (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 38(18), (22) (with regs. 2(10), 38, 39, 40, 60(7))
C3: Sch. 9 para. 11(2) modified (1.6.2011) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (S.S.I. 2011/139), regs. 1, 33(21)(b)
C4: Sch. 9 para. 11(2) modified (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (S.S.I. 2017/102), regs. 1, 38(18), (22) (with regs. 2(10), 38, 39, 40, 60(7))