FOI/202000079457 · FOI/EIR · clarification
Local authority planning permission appeals submitted to the Scottish Government: EIR release
Information requested
1. All planning decisions made by local authorities submitted to the Scottish Government for appeal, which have been overturned by Scottish Government reporters, broken down by local authority area, from April 1 2015 – August 1 2020. If possible, the developer’s details (who made the appeal) should be included in this release.
2. All planning appeals submitted to the Scottish Government, with outcome, broken down by local authority area, from April 1 2015 – August 1 2020. If possible, the developer’s details (who made the appeal) should be included in this release.
On 25 August 2020 you provided clarification and confirmed that you wished your request to relate to planning permission and planning permission in principle cases.
Response
As the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004(EIR), 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, 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.
Please find attached a document which details the information requested.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.
Detected exemption language
We are applying the exemption 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. 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.