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Local Review Body (LRB)
Clackmannanshire's Local Review Body has been set up as a result of changes to the previous system of planning appeals.
All applications for planning permission in Scotland are now divided into 3 categories; National, Major and Local. In most cases, decisions on Local developments are now reviewed by the Local Review Body rather than being appealed to the Scottish Ministers. The categories are, in summary:-
Planning authorities are required to put in place a scheme of delegation which allows officers to determine planning applications relating to local developments. Major and national developments will always be determined by the Planning Committee.
The Local Review Body deals with requests from applicants for a review of a decision taken by an appointed officer under these delegated powers.
An applicant may ask for a review by the Local Review Body of an application for planning permission for a local development falling within the scheme of delegation, which may have been:-
The request for a review must be submitted within 3 months of the date of the decision or, if the request is because of non-determination, within 3 months of the expiry of the 2 month determination period.
What will the Clackmannanshire Local Review Body be like?
It is important to recognise that the Local Review Body will only review decisions of planning officers. It will not review its own, or another Committee's decision. A Local Review Body has the power to uphold, reverse or vary a decision.
The Clackmannanshire Review Body consists of 3 members taken from a pool of Councillors, with a Chair and Vice Chair.
The LRB will be assisted by the Clerk to the LRB, who will be a solicitor and a member of the Council's Legal Services team. If the LRB so require, the LRB may appoint an "Assessor" to advise on specialist or technical issues of a particular case at a Hearing. The LRB may require the Assessor to submit a written report at the end of the Hearing.
As the Review Body is a committee of the Council, the usual requirements in relation to the issue of agendas, notices of meetings, etc, will continue to apply. All meetings of the Local Review Body will be held in public.
On the determination of a review, the LRB will issue a decision notice which will include a statement of reasons on which the decision is based.
Agendas and Minutes
Agendas will be available online five days prior to the Committee.
Resources and Governance - Legal Services
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 450000