There is a right of Appeal to the Scottish Ministers / Planning Inspectorate / Local Review Board in a variety of different circumstances, including:-
- The refusal of planning permission by the Planning Authority
- The granting of planning permission with conditions which are considered to be inappropriate
- The failure of a Planning Authority to determine a planning application within the statutory time period
Appeals can be dealt with by the Written Submissions procedure, by Public Inquiry or by Hearing.
This is the most common procedure and is frequently the quickest, simplest and cheapest way of determining Appeals. It involves the Planning Authority and the person who is lodging the Appeal stating their case in writing, supported by plans, photographs or other documents to support their arguments.
The person lodging the Appeal and the Planning Authority have the right to appear before, and be heard by a Reporter. Public Inquiries are advertised in local newspapers and are open to members of the public, objectors and the press to watch and if desired, having given notice in advance, to take part in the proceedings.
The person lodging the Appeal and the Planning Authority have the right to appear before, and be heard by a Reporter. This may be conducted by way of a Hearing, which is a less formal process than Public Inquiry and may be appropriate where the proposal to be examined is relatively simple or where written submissions would not be suitable because of complex evidence that would benefit from discussion.
Value to Client
We can ensure that the Client maximises the opportunity to challenge the decision of the Planning Authority and thus to secure planning consent for the proposed development.
If an application is refused by a Planning Authority, or if the Applicant does not accept the Conditions attached, we can appeal on behalf of the client either by Written Submissions, Public Inquiry or Hearing, and advice on the most appropriate method to adopt.