Making an appeal
When can I appeal?
If we refuse your planning application or impose conditions which you do not agree with, you can appeal to the Scottish Executive. Forms for appeals can be obtained from the Directorate for Planning and Environmental Appeals (formerly the Inquiry Reporter's Unit). If you need help or advice on your appeal UKPlanning or Planning Aid for Scotland may be able to help.
You can also appeal to the Scottish Executive, 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.
Do I have to stop work immediately?
We may also opt to serve a Stop Notice (after serving the enforcement notice) if we consider it is important to cease the activity immediately. 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. 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 is made within the specified time (i.e. it must reach the Directorate for Planning and Environmental Appeals ). The normal appeal time limit is six months from the date of the decision.
Are there different procedures?
The procedure for appealing against refusal of permission or an unacceptable condition(s) is different to the procedure for appealing against enforcement notices.
How successful will I be when I appeal?
Most appeals aren't successful and a significant number are withdrawn - either because an acceptable scheme has been approved or after our case has been produced.
Who will decide on the merits of my appeal?
Directorate for Planning and Environmental Appeals will decide on the merits of the proposals. It takes into account the existing or proposed development plan other planning advice issued by us and any other relevant matters.
