Certificate of lawful use or development appeals: form and guidance
How to make a certificate of lawful use or development appeal.
You have the right to make a certificate of lawful use or development appeal to Scottish Ministers where a planning authority:
- refuses or partially refuses to issue a certificate of lawfulness
- has not issued a certificate within the set timescale
The attached guidance explains:
- what the appeals process is
- how to complete and submit your form
- how to get in touch
- how to submit documents to the DPEA electronically
Your appeal must be made within three months after the issue of the planning authority's decision. Or within three months from the date the decision should have been issued. Appeals made after this cannot be considered. You must also send a copy of the appeal to the relevant planning authority.
There is no fee for this type of appeal. Everybody who participates in the process is normally expected to cover their own expenses.
This appeal can also be made using the eplanning portal.
You can track the progress of your appeal online.
More information
This form and guidance relates to appeals made under:
- Section 154 of the Town and Country Planning (Scotland) Act 1997 and
- the Town and Country Planning (Appeals) (Scotland) Regulations 2013
A guide to planning appeals explains what can be appealed to ministers and provides context for our appeals forms.
Contact
If you take part in the appeals process, use DPEA websites, contact the division or attend a webcast, the DPEA may collect certain information about you. To find out more about what information is collected, how the information is used and managed please read the DPEA's privacy notice
Email: DPEA@gov.scot
Telephone: 0300 244 6668
Post:
Planning and Environmental Appeals Division
Hadrian House
Callendar Business Park
Falkirk
FK1 1XR
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