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LRB Procedure_Updated August 2015

Renfrewshire Council · 4 June 2024
Back to Local Review Body. — 4 June 2024 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

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Page 1

A. At the meeting
Agenda Item No 1 
1. When a Notice of Review is submitted, the role of the Local Review Body ("the LRB") is to
consider the planning application afresh and reach a decision.
2. The planning officer's original decision forms part of the documents before LRB when it is
making its decision, however, the LRB is not reviewing the planning officer's original decision.
Although termed a 'review', the decision of the planning authority when acting as the LRB is still
the decision of the authority on a planning application and the same considerations apply to the
factors that must be taken into account when making a decision as they would in the case of a
first determination.
3. Section 37(2) of the Town and Country Planning (Scotland) Act 1997 sets out that when the
planning authority is dealing with an application for planning permission, the planning
authority require to have regard to the provisions of the development plan and other
material considerations.  This applies to the decision of the LRB today.
4. The Planning Adviser to the LRB today is not here to speak on behalf of the Planning Service
about the original decision. Their function is to provide impartial planning advice to the LRB.
5. There will be up to five Councillors on the panel, made up from members of the Planning &
Property Policy Board..
6. No parties have the right to speak at the meeting. 
B. Procedural format 
1. The members are expected to have read the papers and documents relevant to the application
and noted the relevant planning policies in advance of the meeting. The Convener will ask the
members to confirm whether they have done so.
2. Members have the opportunity to ask the Planning advisor for advice in relation to planning
matters that are relevant to the Notice of Review, but do not have to do so.
3.  If new material has been submitted panel members will decide whether this new material can
be accepted. The Legal Advisor will advise on the test to be applied when deciding whether
new material can be accepted.
4. The panel will consider whether the applicant has asked for further procedure in this case and
will take the decision whether they have sufficient information before them to determine the
notice of review, or whether further procedure is required.
5. If the panel decide that they do not have enough information to determine the notice of review
at the present time, then they will decide whether there is a requirement for:
a. Further written submissions
b. Site visit
c. Hearing

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Note: Upon the decision being taken regarding the appropriate action (at a, b, and c above)
today's meeting about this matter will be brought to a close, with further consideration of the
notice of review continued to a future meeting of the LRB. 
6. If the panel determine that there is sufficient information within the documentation to reach a
decision on the Notice of Review today, the Local Review Body will consider the following
points:
a. The planning policies that apply to the application - noting if the application was contrary to
the Local Development Plan;
b. The applicant's reasons for requesting a review, as stated in the notice of review;
c. Any representations raised by other parties;
d. Any material considerations identified by the applicant in the notice of review documents to
support a departure from the policy and details of what these are; and
e. Any material considerations not mentioned by the applicant which could justify a departure
from the policy. 
C. Decision
1. If the Local Review Body decides to grant planning permission, it will:
a. Specify the reasons for granting planning permission; and
b. Detail any conditions to be attached to that planning permission and the reasons for those
conditions. 
2. If the Local Review Body decides not to grant planning permission, it will:
a. Specify the reasons for refusing the application; and
b. If conditions were suggested to allow grant, confirm why they were not prepared to grant with
those conditions.