Planning Appeal FAQs

If your planning application has been refused, approved with unacceptable conditions, or not determined within the legal timeframe, you may have the right to submit a planning appeal. At Interurban Developments Ltd, we support clients across Scotland in preparing well-reasoned, policy-led appeals to the Local Review Body (LRB) or the Scottish Government’s DPEA.

Below are some of the most common questions we receive from applicants considering an appeal.

What is a planning appeal?
A planning appeal is a formal request for a planning decision to be reviewed and potentially overturned or amended. Appeals are submitted when an application is:

• Refused by the planning authority
• Approved with unreasonable or unworkable conditions
• Not determined within the statutory timescale (typically 2 months for most developments)

Who can submit a planning appeal?
Only the original applicant can submit an appeal. Neighbours or third parties cannot appeal a planning approval — they must challenge decisions via legal review, which is rare and complex.

What are the main types of planning appeals in Scotland?
There are two primary routes:

• Local Review Body (LRB) – used for delegated decisions (e.g. householder, small-scale or rural projects refused by planning officers)
• DPEA (Directorate for Planning and Environmental Appeals) – used for non-delegated decisions, major developments, or committee refusals

We assess which appeal route applies and prepare your submission accordingly.

How long do I have to submit a planning appeal?
You must appeal within:

• 3 months of the date of the refusal or the imposition of conditions
• 3 months from the date a valid application should have been decided (non-determination cases)

There are no extensions to these deadlines, so early action is essential.

How long does an appeal take to decide?
Timeframes vary depending on the route and complexity:

• LRB appeals – typically 6 to 10 weeks
• DPEA written appeals – around 2 to 4 months
• DPEA hearings or inquiries – 4 to 8+ months

We monitor the appeal process and keep you updated throughout.

What are the chances of success on appeal?
Success depends on:

• The planning merits of your proposal
• The strength of your original submission and appeal statement
• Consistency with local and national policy
• How well any previous concerns are addressed

We provide honest advice on your appeal prospects and tailor a strategy accordingly.

What does an appeal involve?
A typical appeal includes:

• A grounds of appeal statement
• Supporting documents (e.g. plans, correspondence, photographs, previous submissions)
• A review of the planning officer’s report and decision
  We handle all aspects, including uploading to the ePlanning portal system and engaging with the relevant review body.

Can I make changes to my proposal as part of the appeal?
Generally, no. Appeals usually must be based on the same proposal and information submitted with the original application. We may be able to add some limited new information. We can advise on whether a revised resubmission might be more appropriate than appealing.

Can I claim expenses as part of the appeal?
In certain cases, yes. If the planning authority has acted unreasonably, causing unnecessary cost to the applicant, we may submit a claim for expenses. This is rare but possible with evidence.

Can Interurban Developments represent me in my appeal?
Yes. We provide full planning appeal support, including:

• Reviewing the refusal and advising on the best course of action
• Preparing the appeal documentation
• Managing submissions and communications
• Representing clients at hearings or public inquiries where required
• Advising on revised strategies or future applications if needed

Please note that the views and opinions expressed within articles on this website are the personal opinion of the author and do not represent the policies, views or opinions of the company. ALL information provided is for general guidance only and any actions or decisions the reader or user may take based upon content, information or opinion(s) expressed in this website is entirely at their own risk and liability. The information contained in this website cannot be legally relied upon at a later date and it is provided on a ‘without prejudice’ basis.