Scotland court deadlines
When must an eligible section 47 planning appeal be served on Scottish Ministers?
Regulation 3(3) supplies three months beginning with the actual decision-notice date for a section 47(1) appeal, or the established determination-period expiry for a section 47(2) appeal. The event day counts as day one. The Scottish Ministers appeal is separate from delegated local review. Any valid agreed determination extension must be established before using the failure branch.
- Period
- 3 calendar months beginning with the selected actual source event
- Trigger
- actual date of the decision notice or established expiry of the applicable determination period
- Rule
- Town and Country Planning (Scotland) Act 1997 s 47; SSI 2013/156 regulation 3(3)-(6)
Current official legislation. Supported events and endpoints are within 2024 through 2028. The actual tenancy, planning route and any applicable transition must be established.
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When must an eligible section 47 planning appeal be served on Scottish Ministers?
Regulation 3(3) supplies three months beginning with the actual decision-notice date for a section 47(1) appeal, or the established determination-period expiry for a section 47(2) appeal. The event day counts as day one. The Scottish Ministers appeal is separate from delegated local review. Any valid agreed determination extension must be established before using the failure branch.
Responsible actor. Eligible tenant or planning applicant using the exact statutory procedure.
Establish actual date of the decision notice or established expiry of the applicable determination period.
This is an eligible applicant’s section 47 appeal to Scottish Ministers concerning the actual planning application. It is not a delegated local review under section 43A or excluded action under section 237(3A).
Only the exact ordinary source branch is supported. The actual event, route, applicable current regime and completion facts must be established.
Town and Country Planning (Scotland) Act 1997 s 47; SSI 2013/156 regulation 3(3)-(6)How does this provision count time?
- Count the actual event as day one and end before the corresponding date.
- No weekend, bank-holiday or office-closure extension is inferred. A target month without the corresponding date requires separate review and produces no automatic date.
- Complete the actual required notice and supporting documents through the statutory route and within its cutoff.
Count the actual event as day one and end before the corresponding date.
No weekend, bank-holiday or office-closure extension is inferred. A target month without the corresponding date requires separate review and produces no automatic date.
Town and Country Planning (Scotland) Act 1997 s 47; SSI 2013/156 regulation 3(3)-(6)What do independently checked examples show?
Fictitious example
Fictional established facts. The selected actual event occurs on Thursday, October 15, 2026. Every stated scope condition is established.
| Step | What is counted | Date |
|---|---|---|
| Example 1. Ordinary established facts | Fictional established facts. The selected actual event occurs on Thursday, October 15, 2026. Every stated scope condition is established. Count the actual event day as day one and end before the corresponding date three months later. No court or office holiday extension is inferred. | Thursday, January 14, 2027 |
| Example 2. Material procedural branch | Fictional established facts. The selected actual event occurs on Thursday, February 29, 2024. Every stated scope condition is established. Count the actual event day as day one and end before the corresponding date three months later. No court or office holiday extension is inferred. | Tuesday, May 28, 2024 |
| Example 3. Closed-day boundary | Fictional established facts. The selected actual event occurs on Sunday, October 18, 2026. Every stated scope condition is established. Count the actual event day as day one and end before the corresponding date three months later. No court or office holiday extension is inferred. | Sunday, January 17, 2027 |
Fictitious established facts. These examples do not establish eligibility, effective service, relief or a direction.
Try these dates in the calculatorWhich conditions and exceptions apply?
- Source condition 1
- This is an eligible applicant’s section 47 appeal to Scottish Ministers concerning the actual planning application. It is not a delegated local review under section 43A or excluded action under section 237(3A).
- Source condition 2
- For a decision appeal, the actual date of the eligible decision notice applies. Receipt, a later explanation and another decision do not replace that date.
- Source condition 3
- For a failure appeal, I established the actual expiry of the governing determination period, including any valid written agreed extension. No such expiry is inferred from a generic two-month or four-month preset.
- Source condition 4
- The required notice, particulars, grounds and supporting documents satisfy regulation 3. The valid appeal must be served through its actual applicable process within the statutory period.
- Source condition 5
- No special enactment, historical transition, actual order or other applicable provision changes this ordinary period. The event day counts as day one. No court-holiday extension is assumed.
- Only the exact ordinary source branch is supported. The actual event, route, applicable current regime and completion facts must be established.
- A decision, notice receipt, full reasons, summary reasons, determination expiry and taking-effect date are different events. Use the selected actual source event.
What must the responsible actor complete?
Questions about this procedure
When must an eligible section 47 planning appeal be served on Scottish Ministers?
When must an eligible section 47 planning appeal be served on Scottish Ministers?
Regulation 3(3) supplies three months beginning with the actual decision-notice date for a section 47(1) appeal, or the established determination-period expiry for a section 47(2) appeal. The event day counts as day one. The Scottish Ministers appeal is separate from delegated local review. Any valid agreed determination extension must be established before using the failure branch.
Town and Country Planning (Scotland) Act 1997 s 47; SSI 2013/156 regulation 3(3)-(6)Can I use the date I read the decision notice?
Use the actual date of the decision notice. For a failure appeal, use the actual expiry of the governing determination period, including a valid written agreed extension. Receipt and a generic two-month or four-month estimate do not replace those events.
Town and Country Planning (Scotland) Act 1997 s 47; SSI 2013/156 regulation 3(3)-(6)How are weekends and closures handled?
No weekend, bank-holiday or office-closure extension is inferred. A target month without the corresponding date requires separate review and produces no automatic date.
Town and Country Planning (Scotland) Act 1997 s 47; SSI 2013/156 regulation 3(3)-(6)Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Town and Country Planning (Scotland) Act 1997 s 47; SSI 2013/156 regulation 3(3)-(6) | Check the identified procedure, event, counting rule or qualification |
| 1997 Act sections 43A,47 and 237(3A). Appeal scope and the separate delegated local-review route | Check the identified procedure, event, counting rule or qualification |