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A Guide to Planning Appeals in Scotland


5 What matters are considered in an appeal?

The issues that can be raised and considered in an appeal will depend on the type of appeal. For example, an appeal which is seeking listed building consent will focus on the impact on the listed building. And appeals against notices served by councils (for example, an enforcement notice) have standard grounds of appeal which can be argued. The guidance notes which accompany the appeal forms explain how to state grounds of appeal.

Planning permission appeals

When you make a planning permission appeal, you cannot change the terms of the proposed development - it must be the same as the proposal that was considered previously by the council, using the same plans. Also, appellants and councils are not expected to raise any new matters in an appeal that had not been available to the council when it dealt with the application - unless they can prove that those matters could not have been raised with the council at the earlier stage, or that there are some exceptional circumstances why they are being raised at this late stage. If the plans are to be revised or something has changed which could lead the council to make a different decision, it might be better to make a new application to the council than to pursue the old plans through an appeal.

As a general rule for applications and appeals seeking planning permission, the law requires that decisions are made in line with the development plan for the area, unless there are 'material considerations' that justify going against that plan. Relevant issues will relate to the development and use of land, and to the development proposed.