This service is managed by Planning and Regulatory Services
Appeal a decision
Overview
Most planning applications are decided by the Service Manager (Development Management), and some are decided by the Planning Committee. The decision will either grant permission (usually with conditions) or refuse it.
If your application is refused, or you want to challenge any conditions attached to it, or your application has been delayed beyond the statutory timescale, you have two possible routes. This must normally be done within 3 months of the date of the decision notice. Full details of your rights and the relevant timescales are given at the end of your decision notice.
Review by the Local Review Body
If your application was decided by the Service Manager (Development Management) under delegated powers, or you submitted a "Local Development" application that has not been decided within the statutory period, you can ask for a review by the Local Review Body (LRB). In Orkney, the LRB is made up of the same councillors who sit on the Planning Committee. It meets in public and decides how each review should be handled.
To request a review, complete a Notice of Review form. You can submit this online through the e-planning website, or download the form and guidance notes from the related resources section below.
From 9 June 2025, the Scottish Government introduced a fee for Local Review Body reviews. Details are in The Town and Country Planning (Fees for Local Reviews) (Scotland) Regulations 2025 and Planning circular 1/2026. You must pay the correct fee in full, or we cannot progress your review request.
Send your completed Notice of Review form and supporting documents to Committee Services, with a copy to Development Management, at Council Offices, School Place, Kirkwall, Orkney, KW15 1NY. Or email both the Local Review Body and Development Management.
Refunds
Under the current fees regulations and guidance, refunds are only considered in these cases:
- Duplicate payments, where the same fee has been paid more than once for the same review
- Overpayments, where the amount paid is more than the correct fee for that category of development
We do not issue refunds if a payment was correctly made and the review was later withdrawn. Once a valid payment is processed, it is final unless it meets one of the conditions above.
Appeal to the Scottish Ministers
If your application was decided by the Planning Committee, relates to another type of application (such as listed building consent), or is a "Major Development" application not decided within the statutory 4 month period, you can appeal to the Scottish Ministers. Most appeals are handled by a Reporter appointed by the Scottish Ministers.
You can find the relevant forms and guidance on the Scottish Government website, linked in the related resources section below. You can submit your appeal online through the Scottish Government's e-planning portal, or by post to: Directorate for Planning and Environmental Appeals, 4 The Courtyard, Callendar Business Park, Callendar Road, Falkirk, FK1 1XR.
Related resources
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Notice of Review Form
This document contains a form for requesting a review of a planning decision on a local development in Scotland. It asks for applicant, agent and application details, the reason for the review, preferred review procedure and information about site access. Applicants must give full reasons, provide all supporting documents and evidence, and sign a declaration. The notice must be served on the planning authority within three months of the decision notice or the end of the decision period.
Please be aware that this summary has been generated using AI.
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Notice of Review Form Guidance Notes
This document contains guidance on using a notice of review form for local planning applications decided by an appointed officer, including refusals, unwanted conditions or no decision within two months. It explains when the form can and cannot be used, the three-month deadline, what information and evidence to include, and how reviews are handled. It also covers appeals to the Scottish Ministers, review time limits and agreement to electronic communication for online applications.
Please be aware that this summary has been generated using AI.
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The Scottish Government - Appeals(opens in new tab)
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The Scottish Government - E-Planning(opens in new tab)