If you are unhappy with the decision made on your application you can challenge the decision. You can do this if you have been refused permission or perhaps one of the conditions applied is unacceptable.
The way in which your application has been determined will influence who undertakes the appeal or review. Please check the information contained in your Decision Letter as this will tell you how to proceed.
You can also request an appeal or review if your application has not been determined within the time period set out in the original acknowledgement letter. If you choose to do this then your application will be considered as refused on the date that you submit your request.
You will not receive a refund if your application is refused. If you re-submit your application within 12 months you will not need to pay a further fee. However, the application must be of the same character or description to which your earlier application relates and to no other development. You may wish to discuss your proposal with the Case Officer to establish if there are any alterations to the application that may make it acceptable.
Only applicants have the right to appeal.
If you objected to a planning application which is then approved by the Council you are not able to appeal the decision.
Our aim is to process your application within 2 months of validation. This may not be possible if we need to consult with external organisations or statutory consultees. Please note that the time allowed for determining major applications is 4 months.
Under our Scheme of Delegation decisions can be made by either a Case Officer or a Planning Committee.
The different levels in the decision making process determine how you can appeal against a decision. Only the applicant has the right to appeal.
Regardless of who makes the decision there may be a number of outcomes which could be to:
- refuse the application
- approve it subject to conditions
- approve it with no conditions
Once a decision has been reached we will send an email advising you, or your agent, that you can view your decision online. If your application is approved, this will include any conditions that the Council thinks necessary. If it is refused, there will be detailed reasons for refusal and you have the right of appeal within 3 months of decision. Details of how to appeal are included with the decision notice.
Planning decisions can be viewed by searching the Fife Council Online Planning System. Anyone who has commented on your application will be notified in writing of the Council's decision.
Many applications are granted consent subject to conditions. These may require certain works to be carried out, or details approved before work starts. Work cannot lawfully commence until those conditions are complied with. You will need to complete and send us a Commencement Form when you begin work.
If an approved application does not begin within a certain time period from the time of decision the consent for that development will lapse. A fresh application will have to be submitted to the Council for the development. This will involve a further payment for your application.
Details of the time allowed will be included in your decision letter.
Back To TopIf your application was determined by one of Fife Council's committees you will need to submit an appeal rather than request a review. Other types of permission such as Listed Building Consent or Consent to Display Advertisements would also use this process.
In all types of appeal, there will be a deadline by which you will need to get your appeal to the Directorate for Planning and Environmental Appeals (DPEA). You can normally find out the deadline from the decision notice, correspondence or any other notice you may have received from us.
Appeals can be submitted electronically using the Scottish Government's ePlanning Portal at ePlanning portal at ePlanning.scot.
Guidance on the use of the ePlanning Portal
Contact details for DPEA:
Directorate for Planning and Environmental Appeals
4 The Courtyard
Callendar Business Park
Falkirk
FK1 1XR
Telephone 01324 696400
Fax: 01324 696444
E-mail: DPEA@scotland.gsi.gov.uk
If your application has been determined by a planning officer and is a local application for planning permission then you would request a Local Review. Local Reviews can be submitted electronically using the Scottish Government’s ePlanning portal.
Application forms are also available to download at ePlanning.scot website You can also submit the via email to: local.review@fife.gov.uk or by post to:
Standards and Governance
POS
Fife House
North Street
Glenrothes
KY7 5LT
Please note that the review process is managed by the Standards and Governance team and not a planning officer. Your review will be considered by the Fife Planning Review Body which operates as a committee of Fife Council. Economy, Planning and Employability Services are not directly involved although a qualified planner, who has not been involved in the original process, may assist the review body. Further details of the review body and how meetings are managed can be found in our publication Fife Planning Review Body (see below).
Back To Top