Section 46 Call-in of applications by Secretary of State.C1

Scotland

C2(1)

The Secretary of State may give directions requiring any such applications as are mentioned in section 34(2) to be referred to him instead of being dealt with by planning authorities.

F1(1A)

A direction under subsection (1) may be withdrawn or modified by a subsequent direction.

(2)

A direction under this section—

(a)

may be given either to a particular planning authority or to planning authorities generally, and

F2(ab)

may relate to an application which is the subject of a review by the planning authority under section 43A(8),

(b)

may relate either to a particular application or to applications of a class specified in the direction.

(3)

Any application in respect of which a direction under F3subsection (1) has effect shall be referred to the Secretary of State.

(4)

F4... where an application is referred to the Secretary of State under this section—

(a)

sections 33, 37(1) to (3), 38(1) to (3), 41(1) and (2) and 42 and paragraphs 2 to 6 of Schedule 3 shall apply, with any necessary modifications, as they apply to an application which falls to be determined by the planning authority, and

(b)

regulations or a development order may apply, with or without modifications, to an application so referred any requirements imposed by the regulations or order by virtue of section 34 or 35.

F5(5)

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

(6)

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

(7)

The decision of the Secretary of State on any application referred to him under this section shall be final.

Annotations

Textual amendments

F1: S. 46(1A) inserted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 18(a), 59(2) (with S.S.I. 2009/222,, art. 8); S.S.I. 2007/130, art. 2(2), sch.
F2: S. 46(2)(ab) inserted (2.2.2013) by The Planning etc. (Scotland) Act 2006 (Supplementary and Consequential Provisions) Order 2013 (S.S.I. 2013/26), arts. 1, 2(4)
F3: Words in s. 46(3) substituted (1.4.2007) by Planning etc. (Scotland) Act 2006 (asp 17), ss. 18(b), 59(2) (with S.S.I. 2009/222, art. 8); S.S.I. 2007/130, art. 2(2), sch.
F4: Words in s. 46(4) repealed (3.8.2009) by Planning etc. (Scotland) Act 2006 (asp 17), s. 59(2), sch. (with S.S.I. 2009/222, art. 8); S.S.I. 2009/219, art. 2, sch.
F5: S. 46(5)(6) repealed (3.8.2009) by Planning etc. (Scotland) Act 2006 (asp 17), s. 59(2), sch. (with S.S.I. 2009/222, art. 8); S.S.I. 2009/219, art. 2, sch.

Modifications

C1: S. 46 applied (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(7)(a)
C2: S. 46(1)-(4) modified (7.1.2003) by The Cairngorms National Park Designation, Transitional and Consequential Provisions (Scotland) Order 2003 (S.S.I. 2003/1), arts. 1, 7(3)(a) (with art. 3(4)(5)(6))