Appealing a planning decision
Request for Local Review
Requests for a Local Review should be made to this address using this form.
Address: Head of Legal and Democratic Services Council Headquarters Newtown St. Boswells TD6 0SA
An applicant can decide to challenge the decision taken by us on their planning application. This might happen when their application has been refused permission or if they disagree with any of the conditions attached to a permission that has been granted. An appeal or review may also be made if we do not issue our decision within the expected time.
Appeals can be made by the applicant or their agent only. Other parties cannot appeal against any decision taken.
Local Review
When a decision has been taken by us, the applicant is able to request a review of that decision by our Local Review Body. The Local Review Body is a Council Committee consisting of five elected Councillors, who are selected from our Planning and Building Standards Committee. They will review the decision taken by officers, based upon all of the information submitted with the original application, including any comments received during its consideration.
The Local Review Body can decide to uphold, dismiss or vary the decision taken by officers.
If we do not issue our decision within the expected time, a request for review can also be made for those applications that would be decided by officers under our Scheme of Delegation. You can make a request for a Local Review: this should be made to us.
The Notice of Review and other documentation related to the review can be inspected at our Headquarters or by using our online planning system.
Appeal to Scottish Government
In the case of planning applications for larger developments or those that have been determined by Councillors, appeals must be made to the Scottish Government's Directorate of Planning and Environmental Appeals, who will appoint a Reporter to consider the case. Like the Local Review Body, The Scottish Ministers may uphold or dismiss the appeal, or reverse or vary any part of the decision made by us.
Appeals of decisions taken by Council Officers cannot be made to the Scottish Government, unless they relate to applications for Listed Building Consent, Conservation Area Consent or Advertisement Consent.
More information on making an appeal is available from the Scottish Government Directorate of Planning and Environmental Appeals.
