What are appeals and reviews for?
If an applicant is aggrieved by:
-
their application having been refused;
-
their application having been granting subject to conditions to which they object; or
-
their application having not been determined within the statutory time period for determination (‘non determination’)
they have a right to challenge the decision, or to have the application determined by a higher authority.
Depending upon the type and nature of the application, this challenge will be either
-
an appeal to the Scottish Ministers; or
-
a review of the decision by the West Dunbartonshire Local Review Body
Time limits for appeals and reviews
Please note that there are strict time limits for the submission of appeals and reviews. For planning permission applications (i.e. full planning permission, planning permission in principle or approval of matters specified in conditions), these must be submitted to the appropriate body within 3 months of the date of the decision, or of the expiry of the statutory time period for determination in the case of non-determination. For other types of application, the time limit for submitting appeals is 6 months.
Appeal or Review?
Planning decision notices include a guidance note explaining the appeal or review procedure which is applicable to that decision. If you are unsure which is the correct procedure, you should contact the Development Management Section for advice.
For planning applications (full planning permission, permission in principle or approval of matters specified in conditions) which have been determined by the appointed officer under delegated powers, or for applications which have not been determined within the statutory time period for determination where the intended decision route was to be determined by the appointed officer, the procedure is to seek a review of the decision by the West Dunbartonshire Local Review Body. Review forms and guidance can be found below.
For planning applications which have been determined by the Planning Committee or by the Full Council, and for all applications for other types of consent (such as advertisement consent, listed building consent, conservation area consent and hazardous substance consent), or for applications which have not been determined within the statutory time period for determination and the intended decision route was to be determined by the Planning Committee, the appropriate procedure is to appeal to the Scottish Ministers. Appeal forms and advice on the appeal procedure can be obtained from the Scottish Government’s Directorate for Planning and Environmental Appeals, whose details are set out below.
Review Procedures
Review forms and guidance notes can be downloaded by following these links:
Notice of Review Form
Notice of Review guidance notes
The completed form should be submitted in writing to:
West Dunbartonshire Council
Planning Local Review Body
Council Offices
Garshake Road
Dumbarton G82 3PU
Telephone 01389 737210
Appeal Procedures
Appeal forms and guidance can be obtained from the Scottish Government website or from the following address. Appeals may be submitted either in writing or electronically to this address/website.
Scottish Government
Directorate of Planning and Environmental Appeals
4 The Courtyard, Callendar Business Park
Callendar Road
Falkirk FK1 1XR
Telephone 01324 696400
E-mail dpea@scotland.gsi.gov.uk
http://www.scotland.gov.uk/Topics/Built-Environment/planning/decisions-appeals/Appeals/appeal-forms
