The appeal procedures depend both on the type of appeal and on the matters raised in the appeal.
New procedures were introduced in August 2009, as set out in The Town and Country Planning (Appeals) (Scotland) Regulations 2008. The types of appeal covered by these new procedures are:
- Planning permission appeals
- Certificate of lawful use or development appeals
- Tree works consent appeals
- Planning enforcement notice appeals
- Tree replacement enforcement notice appeals
- Amenity notice appeals
Under those procedures, the reporter appointed to consider the appeal will manage the whole process and consider what action is needed to gather sufficient information to make a decision. One key principle behind these changes is that the person making the appeal, and also the planning authority, will state their full case at the outset, removing the need for protracted processes. This is what we call front-loading the system. Once you have made an appeal, the planning authority must provide its response within 21 days. This is done by completing a Planning Authority Response Form. More information about the process for these types of appeal can be found in the Scottish Government's Planning Circular 6/2009: Planning Appeals.
For other types of appeal, most are decided by means of the written submissions procedure, with others determined after a public local inquiry or a hearing has been held. Click on the links for further information on each of these procedures.
Guidance notes to assist you when preparing to send an appeal to us are available both on our ePlanning online appeals system and also to download - click on submission of an appeal.
Awards of Expenses
Normally everyone involved in an appeal must pay their own costs. Expenses can sometimes be awarded against anybody taking part in the appeal if they have behaved unreasonably, and this unreasonable behaviour has resulted in unnecessary expenditure. Expenses are not awarded simply because an appeal has been 'won' or 'lost'. So if you think another party has behaved unreasonably, you can make a claim against them for certain expenses. Any claim would need to be made before the appeal procedures are finished. You can find further guidance on this in SEDD Circular 6/1990.
Withdrawing an Appeal
If you have made an appeal to Scottish Ministers, you can withdraw it at any time before the decision is made. It is not possible to reinstate the appeal after it has been withdrawn, so you will need to be certain that this is what you want to do. It would be helpful if you phone the Directorate for Planning and Environmental Appeals first, especially if the appeal proceedings are at an advanced stage and further action is imminent (e.g. an inquiry is shortly to take place). If you leave the withdrawal too late, you may have to cover other parties' expenses.
You would always need to write to confirm your withdrawal of an appeal.
If your appeal is against a notice served on you by the planning authority (e.g. an enforcement notice), you should be aware that the notice will take effect when you withdraw the appeal. You will then need to comply with the terms of the notice.
Outcome of the Appeal
Where the appeal is delegated to a reporter (the vast majority of cases), the reporter will set out the decision and reasons for it on a decision notice, which will be sent to the person who made the appeal and to the planning authority. Other interested parties will also be informed of the decision. Decision notices are available at the dpea.scotland.gov.uk website.
For those cases where the appeal has been recalled for a decision by the Scottish Ministers, the reporter will provide a report, including a recommendation, to the Scottish Ministers, who will make the final decision.
Appeal to Court of Session
Where anyone involved in a planning appeal considers that the decision on the appeal is outwith the powers conferred by statute, or that legislative requirements have not been followed, an appeal may be made to the Court of Session (within 6 weeks of the date of the decision notice). Where the Court finds that such a defect has occurred, it may quash the decision and send the appeal back to the reporter or the Scottish Ministers for re-determination.