Major and National Planning Developments

For major or national developments, the applicant may appeal to Scottish Ministers.

The Planning and Environmental Appeals Division (DPEA) handles appeals on their behalf.

Applicants have 3 months from the date of the decision notice to submit an appeal.

How to appeal

Submit an appeal online via the Scottish Government's e-planning portal

Forms and guidance are available from the Scottish Government website at Planning and environmental appeals: forms and guidance.

Search appeal applications

Search appeal applications

You can search appeals by:

• recent decisions – use dropdowns to find new cases or decisions within a time period
• simple search – enter the DPEA case reference or use the authority dropdown
• advanced search – combine filters and criteria for specific results

Judicial Review

Judicial review in Scottish planning proceedings is the legal process by which the Court of Session scrutinises the lawfulness of decisions made by public bodies, such as local planning authorities or Scottish Ministers, rather than the planning merits of the decision itself. The court examines the process by which a decision was reached, not whether it was a "good" or "bad" planning decision. Grounds for challenge typically involve illegality, irrationality (unreasonableness), or procedural impropriety (unfairness/failure to follow the correct procedure).

If a judicial review is successful, the court does not substitute its own planning judgment or make a new planning decision. Instead, it will normally reduce (quash) the decision, with the result that the matter is returned to the decision-maker, who must reconsider the application and make a new decision in accordance with the law.

In planning cases, a person aggrieved by the decision who has a sufficient interest can bring a challenge. This can include the applicant or third-party objectors (e.g., community groups).

For a judicial review of most planning authority decisions, the time limit is generally three months from the date of the decision. However, the court can substitute a longer period as it considers equitable having regard to all the circumstances. For a statutory challenge to an appeal decision made by the Scottish Ministers (or a reporter appointed by them), the time limit is shorter: 42 days (6 weeks).

For further assistance and advice, you can contact the charity Planning Aid Scotland for free, impartial guidance. You may also wish to obtain independent legal advice.