Judicial review claims received by DPEA (Planning and Environmental Appeals Division): EIR release

Information requested

“We would like to make a request under the Freedom of Information Act into the number of judicial review claims received by DPEA (Scotland) in respect of decisions to award planning permission in 2019, as well as details of how many of these judicial review claims lead to the planning permission being quashed or withdrawn.

All the below questions relate to judicial review claims of decisions to award planning permission in 2019. Please answer in the format provided below.

1. How many judicial review claims of decisions to award planning permission/consent were received in 2019?

2. Of the judicial review claims received, how many proceeded to a substantive hearing?

3. Of the judicial review claims received, how many resulted in a quashing order being issued in respect of the decision to award planning permission?

4. Of the judicial review claims received (and not including those where a quashing order was issued), how many resulted in the planning permission being withdrawn for other reasons (e.g. by a Consent Order, or a decision by the planning authority to withdrawn planning permission)?

5. What were the planning application references/numbers for the planning application decisions that were subject to a judicial review claim?

Response

1. How many judicial review claims of decisions to award planning permission/consent were received in 2019? 4.

2. Of the judicial review claims received, how many proceeded to a substantive hearing? 2.

3. Of the judicial review claims received, how many resulted in a quashing order being issued in respect of the decision to award planning permission? 3.

4. Of the judicial review claims received (and not including those where a quashing order was issued), how many resulted in the planning permission being withdrawn for other reasons (e.g. by a Consent Order, or a decision by the planning authority to withdrawn planning permission)? 0.

5. What were the planning application references/numbers for the planning application decisions that were subject to a judicial review claim? 18/0190/IC, 18/01428/PPP, 17/00226/FUL, 17/0415/FUL.

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