Appeals against caravan on garden ground: FOI release

Information requested

In the last four years, since 2019 (broken down into totals for each year), how many appeals against refusal by each of the 32 Scottish Local Authorities, to grant planning consent to property owners/developers who were seeking to site a caravan (static and non static) on garden ground without the curtilage of their dwelling house, were received by the Scottish Government Reporter.

And of those, how many appeals were upheld and how many refused.

I hope that you will be able to provide this information in the format requested. Thank you in anticipation.

Later clarifying:

“With reference to the attached email FOI request - part of the third sentence should read ' on garden ground within the curtilage of their dwelling house,' instead of 'without'. My apologies for the mis-type.”

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.

Response

Please find attached the information requested. With these type of cases the most likely route is local review, therefore you will note that DPEA have not received many appeals that meet the criteria requested.

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.

Gordon McKenna - 202300353458

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