Appealing a planning decision
Appeals to the Scottish Ministers will be the recourse for those applications determined by Planning Committee or Full Council, or those remaining undetermined that would not fall within the Scheme of Delegation.
The changes to the planning appeal system introduced by the 2006 Act include removal of the automatic right to appear before and be heard by a person appointed by Scottish Ministers, a restriction on the introduction of new material in the appeal process and confirmation that it will not be possible to vary a proposal once an appeal has been made.
For more information on the appeal process, please contact us or the Scottish Government Planning and Environmental Appeals Division.
If you want to appeal a decision made on a 'local' application, you can do this online:
You can download guidance notes on Local Review Body appeals below:
If your appeal is for any other application, you can find the relevant form and guidance on the Scottish Government's Appeal Forms page:
Appeals against a decision determined under delegated powers at officer level should be made directly to Aberdeen City Council where the Local Review Body will assess the appeal. The Aberdeen City Council Scheme of Delegation outlines the criteria in which the determination of planning applications for 'Local Development' can be delegated to officers.
Appeals to the Scottish Ministers will be the recourse for those applications determined by Planning Development Management Committee or Full Council, or those remaining undetermined that would not fall within the Scheme of Delegation.
All appeals /applications for review via the Local review Body must be made within three months of the decision or, in the cases where appeal/review is sought against the planning authority’s non-determination of an application, within three months of the relevant period for determination having elapsed.
The right to appeal a decision in respect to a planning application in Scotland is only available to the applicant.
In normal circumstances, this is the appeal process for applications for local development determined under delegated powers.
Submitting a Notice of Review
The 'Notice of Review', can be served by the applicant on the planning authority to seek review of a decision taken by the appointed officer under delegated powers.
The Local Review Body (LRB) consists of at least three elected members. There is also a planning advisor and legal advisor, and the LRB may request advice from experts on particular subjects if considered necessary. The process must be fair and transparent.
A Notice of Review can sent by the applicant within the following time periods:
- Within 3 months of the decision of the application; or
- If the application has not been determined, the date of expiry of the period allowed for determining the application. The date of expiry is 2 months after the application has been validated; or the day after the agreed ‘extension of time’ date, if further time to determine the application has been agreed between the applicant and the Planning Authority.
Applicants must include reasons for requiring the review, the preferred method of review, the matters to be raised and documents to be used. Further information will only be accepted if requested by the LRB.
The Local Review Body
Upon receipt of the Notice of Review, the LRB will make interested parties aware - statutory consultees and those that initially commented on the application. 14 days are allowed for further representations from those interested parties. The applicant may see these and make further comment.
The LRB can consider whether to hold a pre-examination meeting. Notice would be given to the interested parties, as they consider reasonable. At the pre-examination meeting, the LRB may request further information by way of written submissions or hearings and/or site visit; decide matters to be discussed; and the procedure to follow. Regulations cover these matters and how to deal with the new evidence.
If the LRB does not choose to have a pre-examination meeting, it can proceed to determine the review. In normal circumstances, meetings must be held in public. There is no automatic right for the applicant or others to be make oral representation. The method of determination (i.e. written submissions or a hearing) is at the discretion of the LRB.
We must highlight that because of the current Coronavirus crisis, LRB meetings are currently carried out remotely and not in a Committee room. Meetings are recorded and thereafter publicly available for viewing on the Council’s website.
A Decision notice will thereafter be issued and this must include the issues considered, and the reasons for their decision. The Local Review Body has powers to uphold the decision by the officers, or overturn the decision.
If the applicant wishes to question the validity of the decision, application may be made to the Court of Session within 6 weeks.
In the situation where an application has not been determined within 2 months or any longer period which has been agreed in writing by the parties, a 'Notice of Review' has been served by the applicant, but the review has not been carried out within 3 months, the applicant can appeal to the Scottish Ministers.