Planning appeal cases recalled by Scottish Ministers: EIR release

Information request and response under the Environmental Information (Scotland) Regulations 2004.

FOI reference: FOI/17/03073
Date received: 22 December 2017
Date responded: 8 January 2017

Information requested

  1. Over the past 10 years, how many planning appeals the Minister has called in

  2. A breakdown of appeals called in by the Minister e.g. Appeals approved against a Reporter's recommendation. Appeals dismissed against a Reporter's recommendation

  3. The broad categories that these appeals fall into e.g. National Importance, Housing and Housing Land supply, Wind farms etc


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.

There have been 60 planning appeal cases recalled by Scottish Ministers over the past 10 years.

A breakdown of those appeals, approved and/or dismissed against the reporters recommendation(s), and their broad categories, are held in the table in the attached ANNEX, for your convenience.

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

FOI-17-03073 - tabulated data.pdf


Please quote the FOI reference

Central Enquiry Unit
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road

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