EIR/202600519280 · FOI/EIR · partially withheld
Planning and Environmental Appeals Division (DPEA) statistics: EIR release
Information requested
Could you please provide answers to the following questions if that information is available.
1. In the past year, how many appeals were made to Scottish Ministers that challenged the City of Edinburgh Council Enforcement Notice to cease to let in respect of properties for The alleged breach of planning control: without planning permission, the alleged material change of use of the property from a residential dwelling to short-term let accommodation?
2. How many of those appeals were successful?
Response
If I might firstly explain that, because, the information you have requested is ‘environmental information’ for the purposes of the Environmental Information (Scotland) Regulations 2004 (EIR’s), 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.
1. I can confirm that 57 appeals have been made to Planning and Environmental Appeals Division (DPEA) in the period of 03 June 2025 to 02 June 2026 for the City Of Edinburgh Council district in respect of properties for The alleged breach of planning control: without planning permission, the alleged material change of use of the property from a residential dwelling to short-term let accommodation.
2. I can confirm that 5 of these were allowed and 1 was allowed in part.
Although not requested, I provide a list of all cases received as referred to above for ease, should you wish to view the decisions made. You are able to access these through our portal: Scottish Government - DPEA - Case List
About FOI
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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.