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Publication - FOI/EIR release

Planning permission appeals made to DPEA: FOI release

Information request and response under the Freedom of Information (Scotland) Act 2002.

Published:
20 Feb 2018
Planning permission appeals made to DPEA: FOI release

FOI reference: FOI/18/00242
Date received: 28 January 2018
Date responded: 20 February 2018

Information requested

How many planning permission appeals were made to the Scottish Government Planning and Environmental Division from Property Developers from January 2017 until December 2017? (The term 'Property Developers' refers to a person/company that make money by building houses).

  • How many of the above planning permission appeals were allowed?

  • How many of the above planning permission appeals were dismissed?

  • How many of the above planning permission appeals are yet to be decided?

  • How many of the above planning permission appeals included 'Affordable

Houses above 25%' in the development application?

Response

As previously indicated, 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.

  • 92 (valid) planning permission appeals were made to DPEA between January 2017and December 2017. Of those 92 appeals submitted, 63 appeals were submitted for proposals relating to more than a single dwelling.(For the avoidance of doubt, for the purposes of this request I have disregarded those appeals submitted for proposals relating to a single dwelling as not relevant to your query regarding property developers. However, details of the appellants for all 92 appeals can be viewed at column 4 in the attached Annex.)

A breakdown of those appeals in terms of ++allowed, +++dismissed and/or ++++yet to be decided, are held in the table in the attached ANNEX, for your convenience.

There are ++++++ 6 appeals include 'Affordable Housing above 25% in the development application documentation. (highlighted in yellow for your convenience) (N.B Affordable Housing of 25% and below are not included in this figure)

I trust this response meet the requirements of your request however please do not hesitate to contact me should you have any queries.

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

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG