Local Review Body (Administration)
The Local Review Body (LRB) is a committee of the Council whose purpose is to review decisions made by an Appointed Officer, in terms of the Council’s Scheme of Delegation, where the Officer has either:-
(a) Refused an application for planning permission, consent, agreement or approval; or
(b) Approved an application for planning permission, consent, agreement or approval subject to condition(s).
In respect of (a) and (b) above, the request to review the decision must be received by LRB within a period of 3 months from the date of refusal/approval.
Applications received outwith this period will be rejected as invalid.
An Applicant may also seek a review by the LRB in respect of a deemed refusal i.e. whereby the Appointed Officer has failed to give the Applicant their decision within a period of two months after the validation date (four months if the development requires an environmental impact assessment).
Submitting a Notice of Review Request
The Applicant (or their appointed Agent) may request a review by submitting a Notice of Review form.
Alternatively, a request for review can be made through ePlanning Scotland.
All sections within the Notice of Review Form must be completed for the form to be validated. It should be noted that although the Applicant is asked to indicate their preferred option for determining the review, the final decision as to how the Review will be conducted is made by the LRB.
It is important that the Applicant states, in full, their reason(s) for seeking a review within the Notice of Review form. The Applicant should also submit all of the documentation that supports your reason(s) for seeking the review as they may not be afforded further opportunity to do so. It should be noted that the LRB process is not an opportunity to submit further information that was not before the Appointed Officer at the time the application was determined. The LRB have discretion to accept new evidence, but only if it can be demonstrated that a matter could not have been raised before that time or that it’s not being raised before that time was a consequence of exceptional circumstances.
Local Review Body Procedure
Further information on the procedure a Notice of Review follows after submission to the LRB can be found here.
Clerk to the Moray Council Local Review Body
The Moray Council