How to challenge a planning decision or a delay in making one
Most decisions on planning applications are taken by the Service Manager (Development Management) and some are decided by the Planning Committee. The decision will either be to grant permission (usually subject to planning conditions) or to refuse permission. If your application is refused, or if you want to contest any of the conditions attached to your decision notice, or if determination of your application is delayed beyond the statutory timescale, you can follow whichever is relevant of the two routes outlined below. This normally has to be done within 3 months of the date of the decision notice. Full details of the rights and terms are given at the end of each decision notice.
Review by the Local Review Body
Where a planning application is decided by the Service Manager (Development Management) under delegated powers, or you have submitted an application for “Local Development” that has not been determined in the statutory period, you can ask for a review to be undertaken by the Local Review Body (LRB). In Orkney, the LRB is made up of the same councillors that sit on its Planning Committee. This body meets in public and decides how notices of review should be dealt with.
To require a review, you must complete a 'Notice of Review' form, which can be submitted online via the e-planning website found in the ‘Related Sites’ section on this page. Alternatively, the forms and guidance notes can be downloaded from the ‘Related Downloads’ section of this page.
Completed notice of review forms and supporting documents should be submitted to Committee Services and a copy to Development Management at the Council Offices, School Place, Kirkwall, Orkney, KW15 1NY or they can be submitted electronically by emailing the relevant documents to the Local Review Body and the Development Management team.
Appeal to the Scottish Ministers
Where a planning application is decided by the Planning Committee, or the decision relates to other types of application (such as for listed building consent), or it is because you have submitted an application for “Major Development” and it has not been determined in the statutory period of 4 months, you can appeal to the Scottish Ministers. In most cases, the appeal will be dealt with by a ‘Reporter’ who is appointed by Scottish Ministers.
The relevant forms and guidance for making an appeal can be found on the Scottish Government website via the ‘Related Sites’ section of this page. You can submit an appeal on-line at the Scottish Government’s e-planning portal found in the ‘Related Sites’ section of this page or by posting the form to: Directorate for Planning and Environmental Appeals, 4 The Courtyard, Callendar Business Park, Callendar Road, Falkirk, FK1 1XR.
