If a local authority has refused consent or grants consent subject to conditions, the applicant has the right of appeal to the Scottish Ministers. The Scottish Ministers may uphold or dismiss the appeal, or reverse or vary any part of the decision of the planning authority. This can include amending a condition previously attached to the grant of consent.
The vast majority of appeals (some 98%) are delegated to a member of the Scottish Government's Directorate for Planning and Environmental Appeals (a reporter); most of these are dealt with under the written submissions procedure. Decisions are issued by the reporter without reference to Ministers. This is an efficient means of handling appeals that do not raise issues of national importance.
The remaining 2% of appeals are 'recalled' to be determined by the Scottish Ministers themselves. 'Recall' of appeals is achieved by the issue of a Direction to the Directorate for Planning and Environmental Appeals . The recall criteria relate, in the main, to matters of national concern. A substantial volume of objection, while a relevant consideration, would not in itself provide sufficient grounds for recall. Each case is assessed individually, with full regard to all relevant considerations.
A recalled appeal would normally be dealt with through a public local inquiry, a hearing or written submissions/site inspection, with a reporter producing a report containing a recommendation. The Scottish Ministers may either accept or reject the reporter's recommendation, and they may either uphold or dismiss the appeal.
Although the decision of the Scottish Ministers is final, any party who is aggrieved by it may appeal, within six weeks of the date of the letter announcing the decision, to the Court of Session. The Court may quash the decision if satisfied that it is not within the powers of the 1997 Act or that the applicant's interests have been substantially prejudiced by a failure to comply with any requirements of that Act, or of the Tribunals and Inquiries Act 1992 etc.
On an appeal, the Court cannot impose its own decision over that of the Scottish Ministers. All it can do is quash the decision, which then refers the matter back to the Scottish Ministers for redetermination. There can be no guarantee, therefore, that a successful challenge to the Court will result in a different decision.