Planning decisions
Decision types and appeal / review routes
The ‘decision type’ as specified in your decision letter determines the appeal or review route. You can appeal or ask for a review on the grounds of non-determination, refusal or if you do not accept conditions on the consent. The route to do this is dependent on how the application was decided. Please check your decision letter and choose the appropriate appeal / review route in accordance with the table below.
| Type | Definition | Appeal / review route |
|---|---|---|
|
Committee hearing |
Applications decided by the development management sub-committee at a hearing whereby relevant parties and applicant were given the opportunity to present their cases before a decision was reached. | DPEA (appeal to Scottish Ministers) |
| Presentation item at committee | Applications decided by the development management sub-committee after a presentation by planning officers. | DPEA (appeal to Scottish Ministers) |
| Other item at committee | Applications decided by the development management sub-committee normally without a presentation by planning officers. | DPEA (appeal to Scottish Ministers |
| Local delegation decision |
Applications decided by the planning officers through delegated powers under the statutory scheme of delegation. |
Local Review Body |
| Local fast track decision | Applications decided by the planning officers through delegated powers under the statutory scheme of delegation. These applications have no representations and fully comply with policy. | Local Review Body |
| Delegated decision | Applications decided by the planning officers through delegated powers under the 1973 Local Government Act. These applications may have been subject to 6 or less representations, minor breaches of policy or may be refusals. | DPEA (appeal to Scottish Ministers) |
| Fast track decision | Applications decided by the planning officers through delegated powers under the 1973 Local Government Act. These applications have no representations and fully comply with policy. | DPEA (appeal to Scottish Ministers) |
Enforcement action
If your decision included enforcement action, an enforcement notice will be served and you will then have a right of appeal to Scottish Ministers.
Appealing against non-determination
Your acknowledgement letter will inform you of how to seek an appeal or review on the grounds of non-determination. If we do not make a decision within the specified determination period or an agreed extended period, you can seek an appeal or review.
Schemes of delegation
Planning authorities operate schemes of delegation enabling the delegation of decisions to planning officers. The Planning etc (Scotland) Act 2006 introduced the statutory scheme of delegation with review procedures for the category of local developments.
The scheme of delegation under the 1973 Local Government Act allows delegation of other applications such as listed building consent, advertisement consent and non-contentious major applications as well as giving delegated powers for other planning functions. Applications determined under this scheme retain the right of appeal to Scottish Ministers.
Find out more information on the Council’s two schemes of delegation.
Local Review Body (LRB)
If your application for planning permission has been determined under the statutory scheme of delegation you are entitled to seek a review of the decision by the City of Edinburgh Planning Local Review Body (LRB). You may ask for a review of a refusal or any conditions imposed on the grant of consent. Applicants can also ask for a review if the application has not been determined within the two month time period for a decision.
The notice of review must be submitted to the planning authority within three months of the date of the decision notice or from the date of expiry of the period allowed for determining the application.
Following submission of the notice, you will receive an acknowledgement letter informing you of the LRB date or whether further information is required.
Please email us if you need assistance
localreviewbody@edinburgh.gov.uk.
Directorate for Planning and Environmental Appeals (DPEA)
Applications which are not local development determined under the statutory scheme of delegation can be appealed to the DPEA. This notice of appeal needs to be submitted within a period of three months from the date of the decision notice.
Appeals can be submitted online and by post.
Directorate for Planning and Environmental Appeals 4 The Courtyard Callendar Business Park Falkirk FK1 1XR.01324 696 400
At the same time as giving notice to the DPEA, the appellant is required to send a copy of the notice, a list of all documents, materials and evidence he / she intends to rely upon to the planning authority.