Feature

After the decision: appeals and legal challenges

We’ll discuss here when a planning appeal can be made, and how you can participate in the process.  

Appealing against a planning decision 
Can interested parties appeal?
Who decides the appeal?
What is the appeal procedure?
What is an award of expenses?
Can interested parties participate in appeals? 
What other options are there for interested parties?
Legal challenges to planning decisions 
What help is available for interested parties?
Find out more

Last updated: 2 July 2025

Appealing against a planning decision 

For a local community, the refusal of a planning application for a potentially damaging development is often a cause for celebration. However, the applicant has the right to appeal a planning refusal, so the decision to refuse permission is not necessarily the end of the matter.

If a planning authority refuses to grant planning permission for a development, the applicant can appeal against that refusal. The applicant can also appeal against conditions imposed on a planning permission, if they are not happy with them, or if the planning authority does not make a decision on a planning application within the statutory determination period (or a longer agreed period).

There is also a right of appeal against other planning decisions including advertisement consent, listed building consent, and planning enforcement notices. More information can be found on this here.

A guide to planning appeals in Scotland on the Scottish Government website provides up to date guidance on many aspects of planning appeals.

Can interested parties appeal?

In Scotland, interested parties (also known as third parties) such as the general public, cannot appeal against a planning decision. They can only participate in an applicant’s appeal against the refusal of a planning application.

Who decides the appeal?

Planning appeals are decided by either Scottish Ministers or the planning authority, depending on who made the decision on the original application. If the decision was made by councillors at a planning committee, the appeal is made to Scottish Ministers. If the decision was delegated to a planning officer, the appeal is made to the planning authority’s ‘local review body’. The planning decision notice will set out how the refused application may be appealed.

Appeals to Scottish Ministers

Planning appeals made to Scottish Ministers are submitted to the Planning and Environmental Appeals Division (DPEA) of the Scottish Government.

An appeal to Scottish Ministers submitted to DPEA is generally managed and determined by a Reporter appointed by the Scottish Government, in accordance with the rules of procedure described below. However, where the development proposal raises issues of national interest, Scottish Ministers may decide to 'call-in' the appeal to make the decision themselves.

Kingfisher

Top tip

The DPEA website holds all information on planning appeals that are made to Scottish Ministers. You can search for appeals by selecting the relevant planning authority using a simple search or by using an advanced search if you have more details. The website also has ‘core documents libraries’ for all planning authorities in Scotland, that contains the relevant planning documents for each local area.

You can also view planning documents and decisions on the ePlanning website, although this service requires you to create a login before you can access the information.

Appeals to planning authorities (local reviews)

A ‘local review’ is an appeal made to a local review body of the planning authority. It is an appeal of a refused planning application for relatively minor development that was decided by a planning officer. The local review body is made up of three or more councillors.

The exact circumstances in which a local review applies are set out in each council’s scheme of delegation, but a planning refusal can only be subject to a local review if it is issued by a planning officer.

There is one exception where a local review case can later be appealed to Scottish Ministers – if an applicant requested a local review because the planning authority had not decided their application within two months, and the local review body then failed to make a decision within a further three months.

What is the appeal procedure?

All appeals against the refusal of planning permission, or other types of planning consent, must be made within three months of the date the refusal decision was issued. Appeals against notices, such as a planning or listed building enforcement notice, must be submitted before the notice comes into effect.

The process for local reviews is outlined in The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013.

For all other planning appeals, the process is governed by The Town and Country Planning (Appeals) (Scotland) Regulations 2013.

On making an appeal to the Scottish Ministers, the appellant must also notify the planning authority that refused the application. The authority then has 21 days to submit its response to the reporter appointed to consider the appeal. The planning authority must notify all ‘interested parties’ that an appeal has been submitted. This includes the statutory consultees and anyone who commented on the refused application. The interested parties then have 14 days to submit comments on the appeal to the reporter. After considering the appeal documents, the planning authority’s response and any comments from interested parties, the reporter may then determine the appeal.

On the other hand, if the reporter considers that the appeal raises issues that require further consideration, they may decide that a further procedure is needed to determine the appeal – either written submissions, one or more hearing sessions, or one or more inquiry sessions. The reporter will notify the appellant, the planning authority and any interested parties accordingly. A pre-examination meeting is held involving interested parties that wish to take part. Here, they will decide the procedures and timescales.

Once the appeal process is complete and all the information and evidence submitted, the reporter will make a recommendation to Ministers on the appeal. This will be in accordance with planning policy and any material considerations. It will be a written decision, which either allows or dismisses the appeal. The Ministers may or may not agree with the recommendation.

What is an award of expenses?

An award of expenses is where one party in an appeal (eg, the appellant or the planning authority) is required to pay either the full or partial costs of another party. Expenses are awarded when one party has acted unreasonably, and that unreasonable behaviour has directly cost the other party money. Examples of unreasonable behaviour could be missing deadlines, introducing new reasons for refusal or new grounds of appeal at a late stage, or providing information that is clearly false or inaccurate. Expenses are generally only awarded in very limited circumstances. Applications for an award of expenses are considered as part of the appeal process.

Can interested parties participate in appeals? 

Once a local review has been requested by the applicant, it is for the local review body to determine, in accordance with the Regulations, whether and how any further representations should be made, or information provided. Although local review meetings are held in public, there is no entitlement for the applicant or others to make representations either in person or in writing.

For all other planning appeals, interested parties must be notified of an appeal by the planning authority and given 14 days to submit comments to the reporter. If the reporter then decides that a further procedure is needed, interested parties will be notified. To participate in that further procedure, whether written submissions, a hearing or inquiry sessions, an interested party must send an ‘opt-in notice’ to the reporter.

What other options are there for interested parties?

An interested party can seek the help of the Scottish Public Services Ombudsman (SPSO) who deals with complaints about the conduct of public authorities. However, whilst the SPSO may consider a complaint about the way a planning authority dealt with or processed a planning application, it will not look into the merits of a planning proposal and cannot alter a planning decision made by a planning authority or the DPEA.

The remedies available and the possible outcomes from an SPSO complaint are very limited. It can take considerable time and effort to make a planning-related complaint to the SPSO, so it’s worth keeping this in mind when considering whether to make a complaint.

Legal challenges to planning decisions 

There are options available for interested parties to legally challenge the decision of a planning inspector or an LPA – known as statutory challenges or judicial reviews. However, these legal processes can only cover the way in which a decision was made rather than the specifics or merits of the planning application or the LPA’s decision. Read on for more detail on these processes. 

What is a statutory challenge?

A legal challenge to a reporter’s appeal decision can be made by the appellant, or by an interested party who can show they have sufficient interest in the appeal decision. The grounds for this statutory challenge are that a serious mistake or procedural flaw occurred which helped lead to the decision made by the reporter. 

A statutory challenge must be made by application to the Court of Session within six weeks of the date of the decision in question (which is usually the date that the planning authority publishes the decision notice on its website). Planning authorities can also make a statutory challenge against a reporter’s appeal decision.

What is a judicial review?

Other planning decisions, such as the grant of planning permission by a planning authority, may be challenged by way of a judicial review. As with statutory challenges, this process involves an application to the High Court for permission to proceed and is also restricted to serious mistakes or procedural flaws. To be successful, a judicial review must demonstrate that the decision was unlawful, irrational, unreasonable or unfair and (crucially) if it had not been taken there is a strong chance that there would have been a different outcome for the claimant (the person challenging the decision).

However, it is important to note, a judicial review is not a re-run of the rights and wrongs of the decision (the ‘merits’) but a review of processes and procedures by which the decision was made.

Significantly, judicial review is the only way that a third-party objector can challenge the grant of planning permission by a planning authority.

A judicial review of a planning decision must be started by an application to the Court of Session within three months of the date of the decision in question.

Goldfinch

Top tip 

Both the statutory challenge to an appeal decision and a judicial review of a planning decision are subject to strict legal procedures and formal legal representation is strongly recommended. Such cases are usually lengthy, time-consuming and costly. Therefore, it is important for anyone considering such legal action to seek professional advice on whether it’s likely to be worthwhile. Given the very short deadlines involved, you should seek legal advice as soon as possible after becoming aware of the decision you may wish to challenge.

What help is available for interested parties?

Planning Democracy has produced guides for the public on appeals and judicial reviews which are full of helpful advice and tips for people wanting to engage in these processes (see links below).

Planning Aid Scotland (PAS) can provide advice on making an appeal to the Court of Session. They are a charity that provides free, impartial advice on planning issues for individuals and community groups.

The Law Society of Scotland can provide help with finding a solicitor. The Faculty of Advocates has a Free Legal Services Unit that can advise the public on a range of legal issues.