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
- doesn't 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 are appealing against listed building or conservation area consent and you aren't 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.
How to appeal
Once you have given notice to any other owner of the building or land that you are making an appeal about, you can proceed with the appeal process.
You can appeal online using the Online Appeal and Application System.
Alternatively, you can download a form and submit it to Scottish ministers by post or email. You should also send a copy to the planning authority.
If you are appealing a decision the planning authority has made for an application you sent, download the 'Listed building / conservation area consent appeal' form. It must be submitted within 3 months of the decision being made (or, if it hasn't reached a decision, within 3 months of the date it should have been made by).
If you are appealing an enforcement notice the planning authority has sent you, download the 'Listed building / conservation area enforcement notice appeal' form. It must be submitted before the date the enforcement notice will take effect.
If you're appealing an enforcement notice, don't worry about the appeal running beyond the effective date on the notice. The notice is suspended as soon as you appeal, which means you don't have to do anything until a decision has been made.
The appeals process
Once you make an appeal, the Scottish Government will appoint a reporter to decide the appeal.
The planning authority must give its response to your appeal within 21 days. You will 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:
- 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 can't 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 submission
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 hearing or inquiry session.
The difference between a hearing sessions 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).
You can submit a claim for expenses 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.
The expenses claim is separate to the appeal. If you get awarded expenses this doesn't necessarily mean your appeal will be successful too.
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.
Email the Scottish Government at DPEA@gov.scot or write to them at:
Planning and Environmental Appeals Division
4 The Courtyard
Callendar Business Park
After taking all the evidence into account, the reporter will either:
- support the authority's original decision
- overturn the authority's 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'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