Publication - FOI/EIR release

Information regarding professional activities of Andrew Sikes and Kevin Stewart: EIR release

Published: 25 September 2018
Directorate: Legal Services (Solicitor to the Scottish Government)
Part of: Building, planning and design, Public sector

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

FOI reference: FOI/18/02272
Date received: 25 August 2018
Date responded: 24 September 2018

Information requested

1. I request information over the period 2012-2018 regarding the professional activities of Andrew J Sikes (Reporter) Planning and Environmental Appeals Division (DPEA) of the Scottish Government. This includes:

a) The record of his career history.
b) The total number of appeals for residential development with which he has dealt.
c) The number and reference name of appeals for residential development from developers that he has upheld.
d) The number of appeals for residential development that he has upheld which were on greenbelt sites not designated for development by local councils.
e) The number of communities/residents/community councils with whom he consulted directly when gathering the evidence for these appeals for residential development.
f) The number of communities/residents/community councils with whom he consulted indirectly when gathering the evidence for these appeals for residential development.
g) A list of all his appeal decisions across all types of planning appeals.
h) Any statements of conflicts of interest he has made in cases with which he has dealt.
i) A list of any meetings of any kind he has had with Ministers or their representatives regarding any of the appeals he has been involved in and their outcomes.
j) A list of any meetings he attended which were about government housing targets and their outcomes.

2. I request information over the period 2012-2018 regarding the professional activities of Kevin Stewart (Minister for Local Government, Housing and Planning). This includes:

a) A record of his career history.
b) The number, names and dates of consultations with communities/residents/community councils, in relation to planning and housing, that he has attended/arranged and the outcomes of these meetings.
c) The number, names and dates of consultations with local councils, in relation to planning and housing, that he has attended/arranged and the outcomes of these meetings.
d) The number, names and dates of any meetings he has attended/organised with Reporters who have granted appeals from developers involving release of greenbelt sites not designated for residential development by local councils and the outcomes of these meetings.
e) A list of any meetings of any kind that he has had with Reporters regarding any appeals in which they have been involved and the outcomes of these meetings.

Response

I enclose a copy of all of the information you requested in the format you asked for.

For accuracy, the reporter’s middle initial is ‘A’, not ‘J’ as you have stated.

You will note that I have lettered the different items of your request, in order to make it easier to refer to each section in turn.

1a) I have attached the CV of Andrew A Sikes as the record of his career history. Mr Sikes was appointed as a reporter in February 2016.
1b) 5
1c) Details in attached spreadsheet named “List of cases – Residential Development”.
1d) 1
1e) Details in attached spreadsheet named “List of cases – Residential Development”.
1f) Details in attached spreadsheet named “List of cases – Residential Development”.
1g) Details in attached spreadsheet named “List of cases – All other case types”.
1h) There have been no conflicts of interest in any cases that this reporter has dealt with.
1i) This reporter has not met with the Minister, or his predecessors, regarding any appeals that he has been involved in.
1j) In his capacity as a reporter, Mr Sikes has not attended any meetings regarding government housing targets.

2a) Mr Stewart was only appointed as a Minister in 18 May 2016. He had not been a Minister prior to this, and has only held the post of Minister of Local Government, Housing and Planning. We can only provide information relating to him as a Scottish Government Minister.
2b) All external meetings that the Minister undertakes are released pro-actively. I attach a link http://www.parliament.scot/parliamentarybusiness/ormain.aspx. You can search the official reports with the Minister’s name and it will list all of the meetings in which he has participated. You may also perform a similar search on the Lobbying Register https://www.lobbying.scot. This will list all of the matters on which the Minister has been lobbied.
2c) As above.
2d) The Minister has not held any meetings with reporters who have granted appeals involving release of greenbelt sites.
2e) The Minister has not held any meetings with reporters regarding any appeals in which they have been involved.

With regards to 2b) and 2c) above, the information you have requested is available from the websites specified. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format.

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