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Planning - decisions, appeals and reviews

 

Decisions


Decisions on planning applications are taken by the Development Management Manager (under powers delegated to him by the council's scheme of delegation) or the Development Management Committee. The decision will either grant permission, usually subject to conditions, or refuse permission. If you don't agree with any of the conditions, or think that your application should not have been refused, you can ask for a review by the Local Review Body (if the decision was taken by the Development Management Manager) or submit an appeal to Scottish Ministers (if your application was decided by committee, or if it's an application for listed building consent or for an advertisement).

 

Reviews - Local Review Body

To request that the decision for your application is reviewed, you must do so in writing, within three months of the date of the decision notice, to the Local Review Body and clearly set out the reasons for the review. You must do this by submitting a Notice of Review. It should be accompanied by copies of the planning application form, all other documents associated with your application, and the decision notice. The request for a review should be addressed to the Local Review Body, Committee Services, West Lothian Civic Centre, Howden South Road, Livingston, West Lothian EH54 6FF.

 

Appeals - Scottish Ministers

Major applications, Local applications determined by the Development Management Committee, or applications determined by a full meeting of West Lothian Council

To appeal a decision on your application, you must appeal in writing within three months (for most applications) of the date of the decision notice to the Scottish Ministers. The appeal must be in writing on a form supplied by Scottish Ministers, and should clearly set out the reasons for the appeal. It should be accompanied by copies of the planning application form, all other documents associated with your application and the decision notice.


You can submit an appeal online at Scottish Government's e-planning portal (new window) or by contacting the Directorate for Planning and Environmental Appeals, 4 The Courtyard, Callendar Business Park, Callendar Road, FALKIRK FK1 1XR.

 
You can find out more information about submitting appeals on the Scottish Government's website (new window). In most cases, the appeal will be dealt with a person called a reporter who is appointed by Scottish Ministers.  

You can find more about submitting appeals in the Scottish Government's publication (new window). The decision reached on your appeal will be final, unless an application is made to the Court of Session for a judicial review for legal or procedual reasons.

Non-determination

For local applications, if your application has not been determined within two months, you can seek a review from the Local Review Body. You must do this by submitting a Notice of Review. The appeal should be addressed to the Local Review Body, Committee Services, West Lothian Civic Centre, Howden South Road, Livingston, West Lothian EH54 6FF. 

If you have submitted the Notice of Review to the Local Review Body, and it has not made a determination within two months, you have the right of appeal to the Scottish Ministers. Contact the Directorate for Planning and Environmental Appeals, 4 The Courtyard, Callendar Business Park, Callendar Road, FALKIRK FK1 1XR.

For major applications, if your application has not been determined within four months, you can submit an appeal to the Scottish Ministers.

To view appeals and reviews online

Scottish Government Directorate of Planning and Environmental Appeals (DPEA)

West Lothian Local Review Body

Registers

The council has registers of planning appeals and notices of reviews. These registers are available and updated regularly.

 


Updated 03/04/13

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