Local Review Body
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When planning applications for the category of local developments are decided by an Appointed Officer of the Council under the Scheme of Delegation, the applicant can now request a review of that decision by the Local Review Body of the Council (LRB) if the application has been refused or granted subject to conditions. The LRB will comprise 3 elected members of the Council and shall meet in public. The following principles and procedures apply:
- The method of review will be a matter for the local review body to decide.
- The process may be a straightforward review of the application file and conducted in writing. Alternatively, and for more complex cases, the local review body may decide to have a hearing and/or site inspection.
- There is no automatic right for any applicant to make oral representations in this process.
- The LRB will be supported by administration and legal officers of the Council, and may receive professional planning advice from a suitably qualified officer, but this officer will have had no previous involvement in the associated planning application.
- The notice of review, which is available on the Government's e-planning portal, with a link from the Council's website, must be submitted within 3 months of the decision of the appointed officer, or 3 month of the expiry of the prescribed period allowed for determining the application.
- A series of procedures are established for a review of the case, including the identification of interested parties, arrangements for submitting comments/material, restrictions on additional information and new evidence, determining the method of review (written submission, hearing and/or site visits), the need for a pre-examination meeting, preparation of statements, and decision-making arrangements.
- The decision of the LRB will contain the issues considered at the review and the reasons for the decision.
- There is no statutory timescale for the LRB decision, unless the review relates to a non-determined planning application, in which case the period is 2 months. If no decision is issued within that time, the applicant may appeal to Scottish Ministers within a further 3 month period.
- There is no further right of appeal to Scottish Ministers following the review of an Appointed Officer's decision.
For Further Information Contact
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 450000