Advice and Support

Appeal a scheduling decision

Owners, occupants and tenants have a statutory right of appeal on when it comes to our scheduling decisions.

We are always happy to review our scheduling decisions. Find out how to request a review using our online application form.

If you are unhappy with our scheduling decision, owners, occupiers and tenants have a statutory right of appeal for:

  • new schedulings
  • amendments to an existing scheduling – for example, if a change is made to the scheduled area, or its name or description

Appeals are made to the Planning and Environmental Appeals Division (DPEA). They can be made on the grounds that the scheduled monument is not of national interest and should be removed from the schedule.

You must make your appeal within three months of our notification of the new or amended scheduling. Only those directly affected by a listing are eligible to appeal. Other interested parties may be able to make representations during the appeals process, however.

There’s no statutory right of appeal for:

  • removal of scheduling
  • decisions not to schedule

We will, however, review our decision if new information comes to light in such cases.

How to appeal

Appeals to Scottish Ministers are processed on their behalf by DPEA. There is no fee to make an appeal.

Appeal forms and guidance notes for making appeals are available from DPEA:

Planning and Environmental Appeals Division
Hadrian House
Callendar Business Park
Callendar Road
Falkirk
FK1 1XR

Telephone: 01324 696 400
dpea@hes.scot
Website: www.dpea.scotland.gov.uk

After the appeal process is complete, DPEA will prepare and issue a decision notice. This will spell out the terms of the decision and also the reasons for it. The notice will be sent to the appellant. Everyone who has participated in the appeal will be told about the decision.

The decision notice will also be published on the online case file at the DPEA website.

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