Hearings
The person lodging the appeal ("the appellant") and the planning authority have the right to appear before and be heard by a Reporter. Where such a request is made, provision will usually be made for parties to be heard by way of a public local inquiry. However, in appropriate cases, a hearing may be suggested instead of a public inquiry. A hearing is likely to be considered more appropriate where a relatively simple proposal is to be examined, or where written submissions might not be suitable because there is particularly complex evidence that would benefit from oral discussion. A hearing will not normally be appropriate in an enforcement case.
General procedure
The hearing procedure is designed to allow a structured discussion about the matters at issue without the formality and expense of a full-scale inquiry. A hearing is not appropriate if:
more than a few members of the public are likely to wish to attend;
the appeal raises complicated matters of policy;
complex legal issues are involved; or
it is likely that cross-examination will be needed to test opposing cases.
SEDD Circular 17/1998 Planning and Compulsory Purchase Order Inquiries and Hearings: Procedures and Good Practice, ANNEX F gives details of the procedures to be followed at hearings. Although the Code does not have statutory force, all parties to a hearing are expected to comply with it.
DPEA will send details of the hearing arrangements to the appellant, the planning authority and those with an interest in the land, and to those other parties who wrote to the planning authority when they were considering the planning application. It is not normally necessary to advertise a hearing in the press.
Claims for expenses
Parties are normally expected to meet their own costs. If a party makes a claim for expenses, Scottish Ministers or the Reporter may make an award if it is considered that the party against whom the claim is made has acted unreasonably, and that this unreasonable behaviour has given rise to unnecessary expenditure on the part of the claimant. Advice on the awards of expenses is given in SEDD Circular 6/1990. Claims must be submitted prior to the conclusion of the hearing.
Outcome of the appeal
In the case of delegated appeals, the decision letter will be sent to the appellant and a copy sent to all those who took part in the hearing. A copy of the decision letter is available on this web site for all appeals determined under delegated powers since 1 January 2001.
Appeal to Court of Session
Where a party to a planning appeal considers that the decision taken by a Reporter is outwith the powers conferred by statute, or that legislative requirements have not been followed, an appeal may be made within 6 weeks of the date of the decision letter to the Court of Session. Where the Court finds that such a defect has occurred, it may quash the decision and send the appeal back to the Reporter for re-determination.
back to top