Written Submissions
The written submission procedure is usually a simpler
and cheaper method of reaching a decision than holding a
public inquiry or hearing.
To start the procedure you will be asked to state your
case in writing, quoting the relevant legislation under
which the appeal is being made, and to provide any other
relevant documents. The relevant authority against whose
decision you are appealing will then be given the
opportunity to make its submission and to comment on your
case. You will in turn be given a further opportunity to
comment on its submission. This procedure will be repeated
until you or the authority decides to make no further
comment or until no new substantive issues are being put
forward, so it can obviously take some time. During the
procedure you also have the opportunity to ask the
authority questions. In some cases objectors or supporters
of the proposal may also have a chance to make
representations.
If a site inspection is considered to be desirable, you
and officials from the relevant authority will be given the
opportunity to attend. You may point out any relevant
features but neither you nor the authority officials may
make representations on the merits of the case to the
Scottish Ministers representative.
The length of time taken to reach a conclusion depends
mainly on the number of exchanges of correspondence which
take place and the speed with which each party responds.
In a small number of procedures the Scottish Ministers have
powers to set a response time if they wish. However in the
interest of natural justice each party is given a
reasonable time to consider the other's case and this may
vary according to the circumstances. However, should you
feel that speed is of the essence and that your interests
are being prejudiced by the other party's delay, you are
free to include this in your representations.
Scottish Ministers Role
To ensure that there is no administrative delay, targets
have been set for the issue of correspondence by the
Department. These are to acknowledge your initial response
within 5 working days of receipt, respond to subsequent
letters within 7 working days of receipt and to issue a
decision within 10 weeks of final submissions in 90% of
cases. On more complex cases the target is 20 weeks.