FOI/202100133826 · FOI/EIR · partially withheld
Rejected planning application overturned and granted by Reporter: EIR release
Information requested
Can you please confirm the number of local planning decisions overturned by the Reporter in the last 5 calendar years. To be clear I am only interested in cases where the local councils Planning Board has rejected a planning application only for it to be overturned and granted by the Reporter. I would also like the same 5 year figures, by year, solely for East Dunbartonshire Council.
Response
As the information you have requested is 'environmental information' for the purpose of the Environmental Information (Scotland) Regulations 2004(EIR), we are required to deal with your request under those Regulations. We are applying the exemptions at section 39(2) of the Freedom of Information (Scotland) Act 2002 so that we do not also have to deal with your request under FOISA. The 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 the request.
All Scotland East Dunbartonshire Decided Allowed Percentage Allowed Decided Allowed Percentage Allowed 2016 173 91 53% 3 3 100% 2017 146 58 40% 6 3 50% 2018 162 68 42% 2 1 50% 2019 147 60 41% 2 0 0% 2020 120 51 43% 2 1 50%
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Detected exemption language
We are applying the exemptions at section 39(2) of the Freedom of Information (Scotland) Act 2002 so that we do not also have to deal with your request under FOISA. The 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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