Local Review Body
Perth and Kinross Council's Local Review Body has been set up as
a result of changes from 3 August 2009 to the previous system of
planning appeals. All applications for planning permission in
Scotland are now divided into 3 categories; National, Major and
Local. In most cases, decisions on Local developments are now
reviewed by the Local Review Body rather than being appealed to the
Scottish Ministers. The categories are, in summary:-
- National - contained in the National Planning Framework.
- Major - Most developments of over 2 hectares, developments of
50 or more houses, retail exceeding 5,000 square metres.
- Local - all smaller developments which are neither major nor
national ie developments of up to 49 houses.
Planning authorities are required to put in place a scheme of
delegation which allows officers to determine planning applications
relating to local developments. Major and national developments
will always be determined by a Committee.
The Local Review Body deals with requests from applicants for a
review of a decision taken by an appointed officer under these
delegated powers. Other types of applications e.g. listed
building consent, conservation area consent, consent to display
adverts, or hazardous substances consent are not covered by the
above arrangements and the applicant for those consents retains a
right of appeal to Scottish Ministers, regardless of whether they
have been determined by officers under delegated powers or by
members of the planning authority.
An applicant may ask for a review by the Local Review Body of an
application for planning permission for a local development falling
within the scheme of delegation, which may have been:-
- Refused by an appointed officer.
- Granted subject to conditions.
- Undetermined after 2 months.
The request for a review must be submitted to the Clerk to the
Review Body, 2 High Street, Perth, within 3 months of the date of
the decision or, if the request is because of non-determination,
within 3 months of the expiry of the 2 month determination
period.
What will the Perth and Kinross Local Review Body be like?
It is important to recognise that the Local Review Body will
only review decisions of planning officers. It will not review its
own, or another Committee's decision. A Local Review Body has the
power to uphold, reverse or vary a decision.
The regulations say that review bodies should comprise no less
than 3 members. The Perth and Kinross Local Review Body consists of
3 members taken from a pool of Councillors, with a Convener and
Depute Convener.
As the Review Body is a committee of the Council, the usual
requirements in relation to the issue of agendas, notices of
meetings, etc, will continue to apply. All meetings of the Local
Review Body will be held in public. Normally the meetings will be
on a 4 week cycle.
All meetings of the Local Review Body will be advised by
officers from Legal and Democratic Services and a specially
appointed independent Planning Adviser on legal, procedural and
planning matters.
It is expected that decisions will be issued within 2 months of
receipt of reviews for non-determination of the application, and in
other areas as soon as practicable.
Dates of Future Meetings
- 28 February 2012
- 27 March 2012
- 24 April 2012
Agendas and minutes
Agendas will be available online five days prior to the
Committee.
