Written Submissions
Most planning 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. 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.
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 before the conclusion of the written submissions.
Outcome of the appeal
In the case of delegated appeals, the decision letter will be sent to the appellant and a copy sent to the planning authority. Where there are only a few other interested parties, those parties will also receive a copy. Where there are a large number of parties, a copy will normally only be sent to those who represent more than personal interests. Other interested parties will however be advised of the decision and of how to obtain a full copy of the decision letter, if they so wish. In the case of enforcement notice appeals, a copy of the decision letter will be sent to all those who were served with the notice, irrespective of whether or not they have appealed against it. A copy of the decision letter is available on this web site for all appeals determined under delegated powers since 1 January 2001. DPEA has set targets for the time in which an appeal being decided by the written submissions procedure should be completed. Details of this and the targets for cases being decided by public local inquiry are available in our Planning Appeals Booklet.
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.
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