Appeal a Decision

What can I do if I don't like the decision?

If you are unhappy with the decision, e.g. it might have been refused or granted subject to conditions that you aren't prepared to accept, there are a number of courses of action available to you. The best way forward is always to discuss the decision with the case officer to see if any changes can be made to the proposals that might result in a recommendation that would suit you and satisfy the Council.

If this happens, you can then make a fresh application and the whole process starts again. If you make a fresh application within a year of the original submission, for the same proposal on the same site, you won't be charged another fee for processing the application although other fees may be payable e.g. for any press notice that might still be required.

If you're not the applicant e.g. you might be an objector to the proposals, and are unhappy with the decision, the only recourse currently available is to request a judicial review at the Court of Session - there are no Third Party Rights of Appeal against a decision of the Council.

Scottish Public Services Ombudsman

Irrespective of whether you are an applicant or someone who's made representations on the proposed development, if you think the Council hasn't processed the application in accordance with the requirements of the legislation, you might wish to consider contacting the Scottish Public Services Ombudsman to complain about mal administration.

You should always contact the Council beforehand though to alert them to the possibility that something's awry as, in some cases, the decision may be nullified.

Requests for a review

If you're an applicant, and don't want to amend your proposals, the Decision Notice you receive will explain the appropriate route to challenge the decision or conditions. Information is attached at the end of your Decision Notice and will detail how to request a review or appeal against the decision. You should follow the guidance contained in the decision letter, particularly with regard to the timescale for doing so.

Requests for a review of the decision can be made where an application for a local development has been determined by an Appointed Officer under the Council's Scheme of Delegation. The grounds for your request for review and the Report of Handling will be the main matters considered in the review process.

How do I make an appeal?

Appeals can be made to Scottish Ministers if your application was determined by Committee. Once an appeal to Scottish Ministers has been made, the matter is in the hands of a Reporter appointed by Scottish Ministers and you can receive further advice on what's required from the Directorate for Planning and Environmental Appeals.

The outcome of any appeal or review will be communicated to you after the end of the appeal or review process, but this might take a few weeks.

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