Making an appeal or requesting a review
When can I appeal?
If we refuse your planning application or impose conditions
which you do not agree with you can, in the case of applications
determined by the Council's Development Control Committee or the
full Council , appeal to the Scottish Government . Where an
application has been refused by the Development Quality Manager
under delegated powers, you can request a review of the case
by the Council's Local Review Body. An appeal or request for a
review must be made within 3 months of the date of the
decision.
Forms for appeals to the Scottish Government can be obtained
from the Directorate for Planning
and Environmental Appeals. You can also
appeal online through the Government's E-Planning
website.
To request a review by the Local Review Body please contact:
The Secretary
Local Review Body
Perth and Kinross Council
Committee Services
Council Building
2 High Street
PERTH
PH1 5PH
email planninglrb@pkc.gov.uk
Where can I get forms?
Notice of Review Forms and guidance notes may be downloaded
from this webpage, together with circular 07/2009, which explains
the legislative background to and the detailed regulations
concerning the schemes of delegation and local review
bodies.
Where can I see the documents?
Documents associated with local review cases and further
information on local reviews may be viewed on the Council's
Local Review Body webpage.
Who do I appeal to if an enforcement notice has been
served?
You can also appeal to the Scottish Government if an enforcement
notice has been served on you. Before you appeal, you should
consider why we chose to serve the notice. Planning guidance
requires Councils to pursue enforcement where planning reasons
warrant it and there is no other way of dealing with the matter. We
may serve a Breach of Condition Notice to correct a failure to
comply with a condition(s). Again, we should have considered other
options before serving the notice. However, you do not a have a
right of appeal in this instance because failure to comply is a
criminal offence.
What should I take into account before I appeal?
You should take into account the reasons why we refused
permission, added a condition or served enforcement
notice(s). Try and negotiate with us in the first instance.
Government guidance encourages Councils to resolve differences
locally. However, if you still feel that you wish to appeal,
you must ensure that the appeal or request for a review is
made within the specified time (i.e. it must reach the Directorate
for Planning and Environmental Appeals or Local Review
Body within three months of the date of the
decision).
Where can I get help?
If you need help or advice on your appeal or request for a
review, Planning Aid for Scotland may be able to help.
