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Written Submissions

Written Submissions

The written submission procedure is usually a simpler and cheaper method of reaching a decision than holding a public inquiry or hearing.

To start the procedure you will be asked to state your case in writing, quoting the relevant legislation under which the appeal is being made, and to provide any other relevant documents. The relevant authority against whose decision you are appealing will then be given the opportunity to make its submission and to comment on your case. You will in turn be given a further opportunity to comment on its submission. This procedure will be repeated until you or the authority decides to make no further comment or until no new substantive issues are being put forward, so it can obviously take some time. During the procedure you also have the opportunity to ask the authority questions. In some cases objectors or supporters of the proposal may also have a chance to make representations.

If a site inspection is considered to be desirable, you and officials from the relevant authority will be given the opportunity to attend. You may point out any relevant features but neither you nor the authority officials may make representations on the merits of the case to the Scottish Ministers representative.

The length of time taken to reach a conclusion depends mainly on the number of exchanges of correspondence which take place and the speed with which each party responds. In a small number of procedures the Scottish Ministers have powers to set a response time if they wish. However in the interest of natural justice each party is given a reasonable time to consider the other's case and this may vary according to the circumstances. However, should you feel that speed is of the essence and that your interests are being prejudiced by the other party's delay, you are free to include this in your representations.

Scottish Ministers Role

To ensure that there is no administrative delay, targets have been set for the issue of correspondence by the Department. These are to acknowledge your initial response within 5 working days of receipt, respond to subsequent letters within 7 working days of receipt and to issue a decision within 10 weeks of final submissions in 90% of cases. On more complex cases the target is 20 weeks.

Page updated: Tuesday, May 3, 2005