FOI/202300375604 · FOI/EIR · partially withheld
Recalls of local planning decision statistics: EIR release
Information requested
With reference to the Loch Long Salmon planning appeal that was recalled by the Scottish Ministers, you asked: How many other times during the lifetime of the current Parliament your department has recalled a local planning decision, specify which applications and the grounds for recall.
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.
Response to your request I enclose a copy of all the information you requested, since the current Parliament began in May 2021 and the reasons behind handling. This document sets out the number of appeals recalled, and the number of applications called in from local planning authorities, by the Scottish Ministers for their own determination. Scottish Ministers have a general power to call in any live planning application or appeal for their own determination. However, Scottish Ministers use this power sparingly and only where there are national issues at stake.
The vast majority of appeals are considered and decided by Scottish Government reporters. The reporter is appointed by Scottish Ministers to make the decision on their behalf. A very small number of appeals are not delegated to reporters for decision; but instead are 'recalled' by Scottish Ministers who will then make the final decision themselves.
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 (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.