5. Appeals, Local Reviews and Enforcement
If an applicant does not agree with the decision of a planning authority then they can ask for a review or appeal of the decision. They can also ask for a review or appeal if the authority doesn’t make a decision within the time period set by law.
If the application was decided by a planning officer on behalf of the authority, then the decision is reviewed by the Local Review Body. Local Review Bodies have three or more elected members from the planning authority. They review decisions on planning applications for certain types of development taken by officers. Requests for review must be made within 3 months of the decision. Reviews can only be requested where planning permission has been refused or where there are conditions on a consent.
If the application was decided by councillors, then the appeal is made to Scottish Ministers.
Local Review Bodies dealt with 516 cases in 2022/23. The original decision was upheld in almost two-thirds of cases (64%). There were 277 appeals to Scottish Ministers in 2022/23 with 46% having the original decision upheld.
Enforcement action can be carried out when developments happen without permission. This can also be done when conditions have not been followed. Authorities have powers to serve notices asking for more information about a development. Authorities can stop a development happening without permission or not following conditions. The Authority can also issue a fixed penalty or refer to the Procurator Fiscal.
In 2022/23 there were 5,432 enforcement cases. There were 597 notices served. One report was made to the Procurator Fiscal. There were no prosecutions.
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