EIR/202400439633 · FOI/EIR · partially withheld
Planning decision appeal statistics: EIR release
Information requested
I would like to ask the following:
1. In 2023-24 and 2024-25 to date, how many planning decisions were appealed to Scottish Ministers? Please provide as much detail as possible.
2. In relation to Q1, how many of those appeals resulted in the original planning decision being overturned. Please provide as much detail as possible.
Response
This was further clarified on 14 November 2024 to include information in relation to all planning appeal cases and not just those which relate to the appeal of the refusal of planning permission.
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.
Response to your request
Please note the requested information has been provided for the financial year 2023/24, and 2024/25 to date (as at 12 November 2024). Attached is a table detailing fully the appeals received over the requested period, and the breakdown of the appeals refused.
I can confirm that DPEA received 388 planning related appeals in the period of 1 April 2023 to 31 March 2024. Of those 388 appeals, 142 appeals were overturned on appeal. I can also confirm that for period 1st April 2024 to date (12 November 2024), 440 planning related appeals have been received, of which 116 have been overturned on appeal.
About FOI
The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://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 (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.