Decisions, Reviews and Appeals
Find out about the decision making process and how to apply for a review or an appeal.
How a planning application is decided
A target period of two months is set by the Government for decisions on local planning applications; for major planning applications the period is four months. Whether an application is local or major is set by the Government's hierarchy of developments. (opens new window)
Decisions on planning applications are taken by the Development Management Manager (under powers delegated to him by the council's Scheme of Delegation) or the Development Management Committee. The decision will either grant permission, usually subject to conditions, or refuse permission.
The guidance notes on Deciding Local Planning Applications [71KB] and Deciding Major Planning Applications [140KB] provide further information on how the council determines planning applications.
How to view a planning application decision online
To find out about a particular planning application, visit the online planning portal, where you will be able to search for the application by the street address or the application number.
By following the guidance below, you can find out what stage planning applications are at and if a decision has been made.
- From the online Planning site (opens new window) type in the street name or application number you are interested in
- Search results are displayed, in the status column you will find out if the application is current or has been decided
- Decision types can be viewed at a glance
- To view full details on the decisions click Decision 'Whole Doc'.
Reviews and Appeals
Whether an applicant can seek a review or make an appeal depends on the classification of the application and the method by which it was determined:
- Local applications - if you are unhappy with the decision on your application, you can seek a review from the local review body, unless it was determined by the Development Management Committee, in which case you have the right of appeal to the Scottish Government (opens new window).
- Major application - if your application is a major application, you have the right of appeal to the Government (opens new window).
Reviews - Local Review Body
To request that the decision for your application is reviewed, you must do so in writing, within three months of the date of the decision notice, to the Local Review Body and clearly set out the reasons for the review. You must do this by submitting a Notice of Review. It should be accompanied by copies of the planning application form, all other documents associated with your application, and the decision notice. The request for a review should be addressed to the Local Review Body, Committee Services, West Lothian Civic Centre, Howden South Road, Livingston, West Lothian EH54 6FF.
Regulation 11 of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 normally requires hard copies of the case papers for an application to review a decision by officers on a planning application for local development to be made available for public inspection and copying. On 11 May 2020 the council resolved under section 7 of and paragraph 10(2) of Schedule 6 to the Coronavirus (Scotland) Act 2020 to suspend that duty during the coronavirus emergency period. Instead, copies will be made available on request by electronic means or by post. Any requests for inspection must be made by emailing committee services. (opens new window)
Find out more about the Local Review Body, get forms for your review and view the decisions taken
Appeals - Planning and Environmental Appeals Division, the Government
To appeal against the council's decision on your application, or to challenge one or more of the conditions which are attached to the planning permission, you must appeal in writing within three months (for most applications) of the date of the decision notice. The appeal must be in writing on a form supplied by the Government (opens new window), and should clearly set out the reasons for the appeal. It should be accompanied by copies of the planning application form, all other documents associated with your application and the decision notice.
You can submit an appeal online at the Government's e-planning portal (opens new window) or by contacting the Planning and Environmental Appeals Division, Scottish Government Ground Floor, Hadrian House, Callendar Business Park, Callendar Road, Falkirk, FK1 1XR.
The decision reached on your appeal will be final, unless an application is made to the Court of Session for a judicial review for legal or procedural reasons.
Non-determination
For local applications, if your application has not been determined within two months, you can seek a review from the Local Review Body. You must do this by submitting a Notice of Review. The appeal should be addressed to the Local Review Body, Committee Services, West Lothian Civic Centre, Howden South Road, Livingston, West Lothian EH54 6FF.
If you have submitted the Notice of Review to the Local Review Body, and it has not made a determination within two months, you have the right of appeal to the Government. Contact the Directorate for Planning and Environmental Appeals Division, Scottish Government Ground Floor, Hadrian House, Callendar Business Park, Callendar Road, Falkirk, FK1 1XR.
For major applications, if your application has not been determined within four months, you can submit an appeal to the Government (opens new window).
View appeals and reviews online
Appeals
You can view appeals and reviews online on the Scottish Government Directorate for Planning Appeals (DPEA) website (opens new window). For ease of use: you have to agree to terms and conditions, then under advanced search select West Lothian from the Planning Authority drop down list
Reviews
Local application decisions taken at the Local Review Body can be found on the registers on the Local Review Body webpage.
