Greenbelt land development appeals: EIR release

Information request and response under the Freedom of Information (Scotland) Act 2002


Information requested

"over the past 5 years in each of the 32 Local Authorities: -
1. What is the total number of appeals made by developers for housing development on greenbelt land not designated for development?
2. What is the total number of these appeals which were granted?
3. What is the total number of these appeals which were refused?
4. How many appeals were granted where the Reporter accepted the developer’s calculations surrounding 5-year land supply and housing targets in opposition to the Local Authority’s calculations?
5. How many appeals were granted where the government’s housing targets influenced the Reporter’s decision?"

You subsequently clarified that you were interested in cases relating to :
10 or more houses
All local authorities which have greenbelt designations in their development plan

Response

As of 2010, green belt areas are designated in Aberdeen, Greater Glasgow, Ayr and Prestwick(South Lanarkshire), Edinburgh, East Lothian, Midlothian, Falkirk(and Grangemouth) and Stirling. A further three greenbelts have been established in Structure plans around Perth, St Andrews and Dunfermline.

The information provided therefore contains details only relevant to a search carried out against the aforementioned planning authorities.

A total of 22 appeals, within the category of 10 houses or more, have been submitted to DPEA, for housing development on green belt land, in the past 5 years. Full details of those appeals are detailed in the table below.

2 of these appeals were allowed (permission granted)
19 of these appeals were dismissed (permission refused)
1 of these appeals was withdrawn

Matters surrounding developer calculations regarding housing land supply and housing targets, and government housing targets, were not determining issues in either of the allowed appeals.
* Denotes cases where part of the proposed site was designated for housing and part of the proposed site was designated within green belt

No. Case Reference Authority Date decision issued Case detail decision
1 *PPA-230- 2207 City of Edinburgh Council 29/09/2019 Residential Development, Up To A Maximum Of 1400 Units, And Ancillary Commercial (Class 1 Retail And Class 2 Financial And Professional) Including Landscaping, Access And Services And All Other Ancillary Development Appeal Allowed
2 PPA-230- 2177 City of Edinburgh Council 27/10/2016 Residential Development With Associated Infrastructure And Engineering Works Appeal Dismissed
3 PPA-230- 2220 City of Edinburgh Council 30/07/2078 Appeal Against Refusal Of Planning Permission For Residential And Associated Development Appeal Dismissed
4 PPA-230- 2189 City of Edinburgh Council 28/02/2017 Residential; Development And Associated Works Appeal Dismissed
5 PPA-230- 2241 City of Edinburgh Council 28/12/2018 Planning Permission In Principle For Residential Development And Associated Roads, Footpaths And Landscaping Appeal Dismissed
6 PPA-390- 2060 Stirling Council 25/07/2018 Proposed Residential Development And Cemetery With Associated Engineering Works And Landscaping Appeal Dismissed
7 PPA-230- 2266 City of Edinburgh Council 16/10/2019 Demolition Of Existing Public House And Erection Of Building Comprising Residential Apartments And Associated Development. Appeal Allowed
8 PPA-390-2043-1 Stirling Council 28/11/2019 Development Of A Public Park, Residential Development (Including Housing) Of 600 Units, Commercial Space (Neighbourhood Centre), Improvements To Road And Drainage Infrastructure And New Primary School. Appeal Dismissed
9 PPA-230- 2246 City of Edinburgh Council 14/0/2019 Residential Development (Class 9) Flats (Sui Generis) (Including Affordable Housing Provision, University Halls Of Residence), Neighbourhood Centre Inc, Retail (Class 1), Services (Class 2), Food And Drink (Class 3), Non Residential (Class 10), Assembly, Leisure (Class 11) With Associated Access, Parking, Open Space Public Realm And Infrastructure Works (Inc. Demolition Of Overhead & Relaying Of Power Lines) Appeal Dismissed
10 PPA-250- 2266 Fife Council 26/09/2016 Planning Permission In Principle For The Construction Of Dwellings And Associated Access Appeal Dismissed
11 PPA-390- 2052 Stirling Council 21/09/2017 Mixed Use Development Comprising The Sheriffmuir Park Centre Including Garden Centre, Heritage Centre, Rural Offices, Biomass Heating System And Sheriffmuir Park Housing, To Comprise 165 Residential Units Of Mixed Use Tenure Appeal Dismissed
12 PPA-230- 2150 City of Edinburgh Council 09/11/2015 Proposed Development Of 18 Houses With Associated Parking, Access And Landscaping Appeal Dismissed
13 PPA-260- 2074 Glasgow City Council 14/03/2019 Erection Of Residential Development With Associated Infrastructure, Landscaping And Engineering Works Appeal Dismissed
14 *PPA-290- 2056 Midlothian Council 31/01/2020 Application For Planning Permission In Principle For Class 4 (Business) Use With Ancillary Class 1 (Shops), Class 2 (Financial, Professional And Other Services) And Class 3 (Food And Drink) Uses; Residential Development (Circa 20 Units); And Associated Access, Parking, Landscaping And Drainage Infrastructure Appeal Dismissed
15 PPA-230- 2153 City of Edinburgh Council 04/12/2015 Erection Of Residential Development With Associated Transport Infrastructure Landscaping And Open Space Appeal Dismissed
16 PPA-290- 2034 Midlothian council 08/08/2016 Proposed Residential Development And Formation Of Access, Suds, Landscaping And Associated Works Appeal Dismissed
17 PPA-230- 2184 City of Edinburgh Council 17/10/2016 Planning Permission In Principle For A Proposed Residential Development (Approximately 150 Units) With Associated Works Appeal Dismissed
18 PPA-230- 2185 City of Edinburgh Council 13/10/2016 Residential Development With Associated Landscaping, Footpaths, Open Space, Parking Etc. Appeal Dismissed
19 PPA-210- 2054 East Lothian Council 01/11/2016 Mixed Use Development Comprising The Erection Of Up To 1,000 Residential Units, Local Centre Including Provision Of Employment Accommodation, Non- Denominational Primary School, Community Facilities, Open Space, Landscaping, Roads, And Associated Infrastructure Withdrawn
20 PPA-260- 2041 East Lothian Council 13/11/2015 Residential Development And Associated Works Appeal Dismissed
21 PPA-390- 2051 Stirling Council 24/08/2017 Erection Of 129 Dwellings And Associated Infrastructure Appeal Dismissed
22 PPA-230- 2165 City of Edinburgh Council 01/04/2016 New Build Residential Apartments/Houses Appeal Dismissed

I trust this is of some assistance however if you have any queries please do not hesitate to contact me.

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