PLEASE NOTE: the procedures explained below do not apply to the following types of appeal (which are handled under different legislation):
- Planning permission
- Certificate of lawful use or development
- Tree works consent
- Planning enforcement notice
- Tree replacement enforcement notice
- Amenity notice
What do we mean by written submissions
Other than those detailed above, most appeals are decided by means of the written submissions procedure. This procedure involves the planning authority and the person lodging the appeal ("the appellant") stating their case in writing, supported by any plans, photographs or other documents that are needed to support their arguments.
Statutory framework
The written submissions procedure is laid down in The Town and Country Planning (Appeals) (Written Submissions Procedure) (Scotland) Regulations 1990 and these regulations set out strict time limits for the exchange of submissions. (Note: these rules have been amended and so no longer apply to the appeal types listed above.) A Code of Practice explaining the procedure is contained in The Scottish Executive Development Department's circular SEDD Circular 1/2000.
General procedure
The grounds of appeal on the appeal form or letter comprise the main part of the appellant's appeal. The planning authority then submit to the Directorate various documents relevant to the appeal, including a copy of responses to consultations carried out and any representations received from third parties i.e. objectors or supporters of the proposal. The planning authority may decide to rest their case on these documents and their officer's committee report, or submit a further statement. The appellant is then given an opportunity to comment on the planning authority's submission.
The planning authority are also required to give notification that an appeal has been lodged to all those people who made written representations at the application stage. Anyone wishing to make a further representation is required to send it to the Directorate within 14 days of being so notified. Anyone else wishing to make a representation must do so within 28 days of the date the appeal is received. Copies of all representations received by the Directorate are sent to the appellant and to the planning authority.
Site visit
The Reporter will make arrangements to visit the site. If the Reporter decides the site inspection is to be accompanied, the appellant and planning authority will be invited to attend. Others, including those who have made representations about the planning application or appeal, will be informed of the arrangements. It should be borne in mind that in some cases the owner of the land may object to parties entering the land. Notification of the date of the Reporter's site inspection does not confer any rights to other parties to enter land that is privately owned. The Reporter may also make unaccompanied site inspections.