Listed building and conservation area appeals

Last updated: 6 June 2018

You have the right to appeal to the Scottish Government if a local planning authority:

  • refuses permission for works on a listed building
  • allows works on a listed building only if you meet certain conditions
  • refuses an application to change or remove these conditions
  • does not come to a decision on your application within two months
  • serves an enforcement notice on a listed building or conservation area
  • refuses permission for works in a conservation area

If you're appealing against listed building or conservation area consent and you're not the sole owner of the building or land, you have to give notice to every other owner at least 21 days before you submit the appeal.

The guidance notes for listed buildings and conservation area appeals in the supporting files on the gov.scot website include sample notices you can use to send to the other owners.

For consent appeals, you can find more information in:

For enforcement notice appeals, you can find more information in:

The Planning Circular 10/2009: Planning Enforcement gives specific context for this appeal.

How to appeal

Before you can appeal, you need to give notice to any other owner of the building or land you're appealing about.

Listed building or conservation area appeal

If the authority makes a decision, you have 3 months to appeal starting from the date of its decision. If the authority didn't give you a decision, you have 3 months to appeal starting from the date it had to decide by.

You can appeal online using the ePlanning portal

You can also download a Listed Building or Buildings in Conservation Areas Appeal form and submit it to Scottish ministers by post or email. You should also send a copy to the planning authority.

This guide to planning appeals explains what can be appealed to ministers and provides context for our appeals forms.

Your appeal submission must include the following documents:

  • your original application
  • the local planning authority's decision notice
  • all documents, materials and evidence you want to rely on
  • any letters or emails between you and the local planning authority
  • your appeal, if you're appealing by post

You'll also need to submit any other documents that directly support your appeal, for example your appeal statement. You can upload these documents when you appeal online, by email or post.

There's no cost for sending an appeal, but you'll be responsible for your own expenses.

Enforcement notice appeals

You can appeal online using the ePlanning portal

You can also download a Listed Building or Conservation Area Enforcement Notice Appeal form. It must be submitted before the date the enforcement notice will take effect.

This guide to planning appeals explains what can be appealed to ministers and provides context for our appeals forms.

When a valid appeal is received, the notice will be suspended. This means you don't have to do anything until a decision's been made, even where the appeal runs beyond the effective date.

Your appeal submission must include the following documents:

  • the local planning authority's listed building and conservation area enforcement notice
  • all documents, materials and evidence you want to rely on
  • any letters or emails between you and the local planning authority
  • your appeal, if you're appealing by post
Your appeal must be made before the effective date of the notice. Any appeals made after this time won't be considered. To make sure your appeal isn't turned away because it's too late, be sure to make your appeal in plenty of time before before the day the notice takes effect.

There's no cost for sending an appeal, but you'll be responsible for your own expenses.

The appeals process

Once you make an appeal, the Scottish Government will choose a reporter to decide the appeal.

The planning authority must give its response to your appeal within 21 days. You'll then have a further 14 days to comment on any new information submitted by the authority.

The appeals process has a strict timetable with deadlines for each stage. Make sure everything's sent on time. If you send information after the deadline, it may be sent back to you and not considered.

The reporter will consider your appeal and council's response then make a decision as soon as possible.

They may need to get more information before they can decide. If they do, they might ask for one or all of the following:

  • an inspection of the site
  • more written submissions
  • a hearing session (a structured meeting)
  • an inquiry session (a more formal event similar to a court case)

Inspection of the site

A site inspection allows a reporter to view the site and understand the issues that have been raised.

The reporter decides if a site inspection will be accompanied or unaccompanied. If it's accompanied, the planning authority and person making the appeal will be invited to attend. Anyone else, like those who have made representations about the appeal, will be told about the arrangements and invited to the site inspection.

The reporter cannot discuss the merits of the appeal.

If the reporter chooses an unaccompanied visit, they will inspect the site alone.

If the reporter thinks a decision can be made based on submissions and a site inspection, they will aim to issue a decision within 12 weeks of receiving the appeal.

Further written submissions

If the reporter needs further written submissions they will request it from the person they think will be most suitable to provide it.

If this happens the reporter will aim to issue a decision within 20 weeks of receiving the appeal.

Hearing or public local inquiry

The reporter may decide that the information they need would be best presented at a hearing or inquiry session.

The difference between a hearing session and an inquiry session is:

  • a hearing session is a structured discussion led by the reporter
  • an inquiry session is more like a court case - witnesses give evidence in front of the reporter

The reporter will decide if a hearing or inquiry session is required. If it is, they will aim to issue the decision on the appeal within 26 weeks (if it's a hearing) or 32 weeks (if it's an inquiry session).

Claiming expenses

You can submit an expenses claim against a person or organisation if you think they have acted unreasonably and caused you unnecessary expense.

The reporter will decide if they have acted unreasonably and will decide any costs that should be paid to cover these expenses.This can be in the form of a written statement sent by email or letter.

After getting an expenses claim, the person or organisation who the claim is made against (the 'opposing party') will be given 14 days to provide any comments.

The expenses claim is separate to the appeal. If you get awarded expenses this does not necessarily mean your appeal will be successful too.

You can find more information on expenses in this planning circular

If you want to withdraw your appeal

You must contact the Scottish Government if you want to withdraw your appeal.

You can do this any time before the reporter makes a decision.

You must contact the Scottish Government if you want to withdraw your appeal, or put in a request to the reporter to apply a hold on the appeal (known as a 'SIST').

Email the Scottish Government's Division of Planning and Environmental Appeals Division (DPEA) at DPEA@gov.scot or write to them at:

Planning and Environmental Appeals Division
4 The Courtyard
Callendar Business Park
Falkirk
FK1 1XR

The decision

After taking all the evidence into account, the reporter will either:

  • support the original decision
  • overturn the decision
  • issue a decision (if the authority originally failed to give one)

You'll get a decision notice sent to you once the reporter has made a decision.

This will include the terms of the decision and the reasons for it.

How to challenge a reporter's decision

You can challenge the reporter's decision at the Court of Session

You can't appeal the decision because you disagree with it, but you can challenge the decision if you think there was important evidence that the reporter misunderstood or didn't take into account.

If you want to challenge a reporter's decision:

  • the appeal to the Court of Session must be submitted within 42 days (6 weeks) of the date of the decision
  • you may have to cover the legal costs and any expenses should the challenge fail
  • anyone with sufficient interest can submit a challenge

If you're unsure about any part of this process, you should get advice from a lawyer

Making a complaint

If you want to make a complaint about an appeal, you can find more information on how to do this in the Planning and Environmental Appeals Division's complaints policy

You can also find out about recent Planning and Environmental Appeals Division related decisions made by the Scottish Public Services Ombudsman.