- 24 Apr 2019
Date received: 13/3/2019
Date responded: 17/4/2019
2. What was the total number of appeals lodged by developers against decisions by local authorities to refuse planning permission for proposed developments of three or more dwelling houses in each of 2016, 2017 and 2018?
3. How many of these appeals were upheld each of these years?
4. Please name the 10 companies that have made the highest number of appeals against planning refusal decisions for proposed developments of three or more dwelling houses between 2016 and 2018 inclusive. How many appeals did each company make and how many of these were upheld?
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.
A reporter appointed by Scottish Ministers decides most appeals. In a small number of cases, ministers will make the decision following the appointed reporter's submissions and recommendations. I attach below a link to further guidance on appealing planning related decisions or notices for your convenience.
Each appeal is considered solely on the facts as they relate to the individual proposal. Reporters are required to consider appeals in accordance with the development plan for the area affected, unless material considerations indicate otherwise. A material consideration is a matter that should be taken into account in deciding a planning application or on an appeal against a planning decision. Those material considerations cover a wide range and can include (but are not limited to) Scottish Planning Policy, the National Planning Framework, a proposed strategic or local development plan, community plans and the environmental impact of the proposal as well as legitimate public concern or support expressed on relevant planning matters.
More information about material considerations can be viewed within Planning Circular 3/2013: Development Management Procedures at the following link : https://www.gov.scot/publications/planning-series-circular-3-2013-development-management-procedures-2/pages/12/
The decision (or recommendation) of a reporter is the outcome of a process in which all relevant parties and objectors have the opportunity to participate, the reporter weighing all submissions before coming to their conclusion.
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
Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House