Where an application has been refused consent or consent is granted subject to conditions by Committee, an applicant may have the right of appeal to the Scottish Ministers. A reporter from the Scottish Government Directorate for Planning and Environmental Appeals (DPEA) will deal with the appeal either via written submissions, a public hearing or a public inquiry.
Where the Planning Authority has objected to an application under Section 36 of the 1989 Electricity Act to build a wind farm, this will trigger a public inquiry. The Scottish Ministers may uphold or dismiss the appeal, or reverse or vary any part of the decision of the planning authority. This may include amending a condition previously attached to the grant of consent. You can get information about all cases dealt with since 2002 by the Directorate for Planning and Environmental Appeals from their website.
Where an application that is of a local nature, i.e. determined via delegated powers by a development management case officer, the applicant will have the right to appeal via our Local Review Body (LRB).
Economic Growth & Development
The Moray Council
PO Box 6760, Elgin