Challenging an appeal decision

If you disagree with the decision made by the Planning and Environmental Appeals Division (DPEA), you can challenge it at the Court of Session.

This is the supreme court in Scotland for civil cases, where judges will review the appeal decision.

If the Court of Session agrees with you, they’ll send the appeal back to the DPEA. The DPEA must then decide the appeal again.

When you can challenge an appeal decision

You can only challenge on a point of law. This includes if the reporter misunderstood important evidence or did not take it into account.

Challenging on a point of law is a complex legal process. You can contact a solicitor to get legal advice.

You can also get advice on challenging an appeal decision from Planning Aid Scotland. Visit the Planning Aid Scotland website for free, impartial planning advice.

Apply to the Court of Session

In most cases you must apply to the Court of Session within 42 days of the appeal decision date.

Follow the guidance on challenging appeal decisions on gov.scot.

Making a complaint about the DPEA

You can make a complaint about how the DPEA handled your appeal.

This could be when:

• you’re unhappy with the conduct of the reporter
• the DPEA did not follow the correct procedure

A complaint cannot change the appeal decision or re-open an appeal once a decision is made.

Check the DPEA complaints policy on gov.scot.