A Guide to Planning Appeals in Scotland

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12 How much does it cost to make an appeal?

There is no fee for most types of appeal. (The one exception is for an appeal against a Hazardous Substances Contravention Notice.)

Everybody who participates in an appeal process is normally expected to cover their own expenses. The appeal procedures support you being able to make your case to the reporter by yourself. If you employ a professional agent though, such as a planning consultant, architect or lawyer, you will normally have to cover their fees at your own cost.

Awards of expenses

The Scottish Ministers (and reporters) have the power to make awards to any party in relation to their expenses, to be paid by another party. Awards of expenses are not made routinely, but they can be made if any individual or organisation has been found to have acted unreasonably over the matter at appeal. If you think, for example, that the council has acted unreasonably and that action has caused you unnecessary expense, you can make a claim for an award of expenses which will be considered by the reporter. The other side to this is, of course, that if you act unreasonably and in doing so cause another party unnecessary expense, then you may be liable to pay some or all of their costs. It does not follow that the party which 'wins' the appeal will have its expenses paid by another - the test is in terms of how people have conducted themselves. More information about this is available in the Scottish Government's Planning Circular 6/1990: Awards of Expenses in Appeals and other Planning Proceedings.