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Publication - Factsheet

Planning appeals: case file publication protocol

Explanation of our arrangements for publication and removal of papers to the dedicated case publication website.

This note explains our arrangements for:

Background

In order to support electronic working and improve the transparency of decision making DPEA publishes most documents relating to current case work to the internet. Our publication policy varies according to the nature of the case work and more details:

  • personal data. In line with the Data Protection Act we will remove personal information from documents that we publish. This includes signatures, personal email addresses and telephone numbers
  • exceptions: we will not publish any documents that are defamatory, commercially confidential, or otherwise sensitive. If we become aware that we have published documents of this nature we will remove them immediately. We will normally comply with a request to remove a document from the web site from the person who wrote it

Publication policy by case type

Planning and all other appeals submitted to DPEA

Publication policy: we aim to publish all documents we receive relating to appeals. This includes everything submitted by the appellant, planning authority and interested parties. We will publish requests for further information issued by DPEA and any responses received.

There are occasions when it is not possible for us to publish all documents such as when a case attracts a very high number of submissions. In these circumstances we will identify those documents that will not be published and provide a note that explains what publication decisions have been taken.

Removal from the web site: all information will remain on our web site for 12 weeks from the date the decision is made. After that time most documents will be removed but the initial appeal documentation and the decision issued by DPEA will remain for a period of 10 years. You may, however, be able to obtain copies of decisions and reports removed after 10 years by contacting the National Library of Scotland. The exception to this rule is any case which is subject to an appeal to the Court of Session. In these circumstances all documents will remain available until 12 weeks after the court has issued its decision. If the decision is quashed by the Court of Session a new record will be created and all documents relating to the original case published under the new reference.

Development Plan Examinations

Publication Policy: in December 2011 DPEA commenced publication of the following documents relating to Development Planning Examinations:

  • all schedule 4's submitted by the planning authority
  • all requests for further information issued by DPEA
  • all responses received after requests for further information
  • a list of documents produced by parties
  • the final report

All other information submitted by the council can normally be found on their own website.

Removal from the web site: all documents apart from the final report will be removed from the web site 12 weeks after the plan has been adopted. The report will remain on the web site for 10 years. You may, however, be able to obtain copies of decisions and reports removed after 10 years by contacting the National Library of Scotland.

Other casework dealt with by DPEA

DPEA also deal with casework submitted by other parts of the Scottish Government and local planning authorities. This includes wind farms over 50mw under the Electricity Act, compulsory purchase orders, road orders, environmental appeals and core path plans. In all these cases the reporter will identify key documents that will be published to our web site. This may include the application, submissions by main parties, any requests for further information issued by DPEA and responses received.

Removal from the web site: All documents apart from the report to Ministers (where appropriate) and decision will be removed from the web site 12 weeks after the decision has been issued. The report and the decision will remain on the web site for 10 years. You may, however, be able to obtain copies of decisions and reports removed after 10 years by contacting the National Library of Scotland.

Contact

Email: DPEA@gov.scot

Telephone: 01324 696400

Post:
Planning and Environmental Appeals Division
4 The Courtyard
Callendar Business Park
Callendar Road
Falkirk
FK1 1XR

Published:
19 Apr 2016
Planning appeals: case file publication protocol