FOI/202300375460 · FOI/EIR · partially withheld
Planning Permission Appeal cases closed by The Planning and Environmental Appeals Division (DPEA): EIR release
Information requested
I would like to request an FOI response on the below matters, broken down for the years 2019, 2020, 2021, 2022 and 2023 (to present date):
Can you provide the total number of Planning Permission Appeal (PPA) cases that have been closed by the DPEA (excluding incomplete/no remit/out of time cases)? How many of these appeal cases were “allowed” or upheld in favour of the appellant, including instances where additional conditions may have been imposed by the Reporter/Scottish Ministers.
Response
As the information you have requested is 'environmental information' for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIRs), we are required to deal with your request under those Regulations. We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA.
This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes. This is essentially a technical point and has no material effect on the outcome of your request.
I can confirm that the total number of planning permission appeals cases that have been decided by the DPEA for years 2019, 2020, 2021 and 2023 (up to 11 September) is 743. The breakdown for each year is detailed within the table below.
The table below details the breakdown of how many of the appeals were "allowed" or upheld in favour of the appellant.
2019 2020 2021 2022 2023 (up to 11th October) Total Appeals Allowed 70 59 95 84 45 353 Appeals Allowed in Part 2 3 2 1 0 8 Appeals Dismissed 94 80 72 88 48 382 Total 166 142 169 173 93 743
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Contact Please quote the FOI reference Central Enquiry Unit Email: ceu@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrews House Regent Road Edinburgh EH1 3DG
Detected exemption language
We are applying the exemption at section 39(2) of the Freedom of Information (Scotland) Act 2002 (FOISA), so that we do not also have to deal with your request under FOISA. This exemption is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption, because there is no public interest in dealing with the same request under two different regimes.
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