The way that appeals for planning applications can be appealed has changed. The Council's new scheme of delegation will allow us to determine applications falling in the category of 'Local Development' with some exceptions. These exceptions are: where an application has been made by the Council itself, or a member of staff or Councillor; where it relates to land owned by the Council or there is a financial interest; for certain types of 'bad neighbour' development; where is an objection from the local Community Council or the Council's roads engineers or environmental health officers; where there are 5 or more objections; and, where the application must be referred to the Scottish Ministers.
The only exception to this is that Planning Committee may decide to determine an application that could otherwise be delegated. Where this happens, a statement of the reasons for the decision to determine the application at committee, must be made and copied to the applicant. Below is an outline of how the new appeal process will work in practice.
Local Reviews will replace the current appeal to the Scottish Ministers, for applications decided by Planning Officers.
- Local Review Body (LRB) will consist of at least three elected members. There will also be a planning advisor and the Body may request advice from experts on particular subjects when and if needed;
- Meetings must be in public;
- Method of determination (i.e. written submissions or hearing) is at the discretion of the LRB;
- No automatic right for applicant or others to be make oral representation;
- The process must be fair and transparent;
- Where an application has not been determined within 2 months, and 'Notice of Review' served by the applicant, but review not carried out within 2 months, the applicant may then appeal to the Scottish Ministers.