Model planning conditions and reporter’s guidance on drafting appeal decisions: EIR release

An electronic copy of any standard or model planning conditions promoted for use by DPEA reporters; any guidance to DPEA reporters on the use of planning conditions; and any templates for or guidance to DPEA reporters relating to the structure/drafting of appeal decision reports.

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.

We have now completed our search for the information requested. Please find attached, four condition decision templates, a list of model conditions that is used when electricity act cases are being determined and a guidance note on ‘house-style’ that reporters refer to when writing their decision notices. 

I have also attached a link to Circular 4/-1998 (this includes an annex of model conditions) which is also referred to by reporters. 

https://www.gov.scot/Publications/1998/02/circular-4-1998/circular-4-1998-

In addition to using the attached guidance, the planning authority is required to provide a set of conditions in the event that the appeal is allowed, the appellant is permitted to comment on these.

About FOI