Clerk to the Moray Council Local Review Body
The Moray Council
Tel: 01343 563015
Fax: 01343 540183
Part 3 of the Planning etc (Scotland) Act 2006 (the 2006 Act) introduced a number of important changes to the planning system in Scotland. At the centre of these new changes are provisions covering new Schemes of Delegation (1 page, 56 KB) for local developments and the opportunity for applicants to seek reviews/appeals of a decisions by the planning authority in certain circumstances where an appeal to Scottish Ministers will no longer be available. These new procedures came into affect on the 3 August 2009. Prior to this date appeals against refusal of consent, a conditions or conditions applied to a consent or the non determination of an application were submitted to Scottish Ministers
In terms of Section 43A(8) of Part 3 of the 2006 Act an applicant may require the planning authority to review a case where an application for planning permission or for consent, agreement or approval of a proposal in the category of local developments falling within the scope of the scheme of delegation has been;
Section 58(1) of Part 3 of the 2006 Act advises that planning permission expires after 3 years from the date of consent unless the development to which the consent has started. Section 58(2) allows the Planning authority to set a shorter or longer period than the 3 year period. Whilst not a condition of consent it is open to applicant to seek a review against the time period as if it were a condition.
A request for a review, in the form of a ‘Notice of Review’, in respect of applications refused by the Appointed Officer or of a condition(s) applied to a consent must be submitted to the LRB within 3 months of the date of letter of notification of the outcome of an application.
Requests for reviews/appeals relating to applications of the class falling within the scope of the scheme of delegation (local developments) which have not been determined within 2 months will also require to be submitted in the form of a ‘Notice of Review’.
Regulation 9 of the 2009 Act requires an applicant to seek a review/appeal, in writing, on the appropriate 'Notice of Review' form available from the Clerk to the Moray Council Local Review Body (LRB) or the Council's Development Control Section along with a set of guidance notes.
The applicant is required to provide the following information:-
All matters that the applicant intends to raise in the review/appeal should be set out in or accompany the notice of review as should all documents, material and evidence that the applicant intends to rely on.
It would be beneficial in order to speed up the review/appeal process if applicants also supply an electronic version(on CD or USB memory stick).
The Moray Council Local Review Body comprises of a panel of seven Councillors. The same members will attend second and subsequent meetings dealing with a particular case.
The LRB will be assisted by the Clerk to the LRB, a legal advisor and a planning advisor. These will be officers of the council who will have had no involvement in the consideration or determination of the application.
In certain cases the LRB may appoint an ‘Assessor’ to advise on specialist or technical issues of a particular case at a Hearing. In the event of the LRB appointing an ‘Assessor’ all those entitled to be heard at the Hearing will be advised of the name of the Assessor and the matters on which they been appointed to advise on.
All meetings of the LRB will be held in public and it will meet, initially, on a four weekly cycle. This will be reviewed in light of operational experience to assess whether there is a need for more or less regular meetings. Agendas and Minutes of LRB meetings will be posted on this page (see links)
On receipt of a ‘Notice of Review’/appeal the Clerk to the LRB will process the request within the adopted procedures based on the Regulations and subsequent guidance notes.
On the determination of a review/appeal the LRB will issue a decision notice which will include a statement of reasons on which the decision is based. Interested parties will be advised of the outcome of a review/appeal and where a copy of the decision notice is available for inspection. See Decision Notice
In the event of the LRB failing to conclude a review in regard to a Notice of Review relating to a non-determination within 2 months of receipt the application will have been deemed to have been refused and the applicant will have the right to appeal to Scottish Ministers under Section 47(1) of the Town & Country Planning (Scotland) Act 1997.
If an applicant is aggrieved by the decision of the LRB the applicant may question the validity of the decision by making an application to the Court of Session within 6 weeks of the date of the decision.