Publication - FOI/EIR release

Rejected planning application overturned and granted by Reporter: EIR release

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

Published:
19 Feb 2021
Rejected planning application overturned and granted by Reporter: EIR release
FOI reference: FOI/202100133826
Date received: 5 Jan 2021
Date responded: 11 Jan 2021
Information requested

Can you please confirm the number of local planning decisions overturned by the Reporter in the last 5 calendar years. To be clear I am only interested in cases where the local councils Planning Board has rejected a planning application only for it to be overturned and granted by the Reporter.

I would also like the same 5 year figures, by year, solely for East Dunbartonshire Council.

Response

As the information you have requested is 'environmental information' for the purpose of the Environmental Information (Scotland) Regulations 2004(EIR), we are required to deal with your request under those Regulations. We are applying the exemptions at section 39(2) of the Freedom of Information (Scotland) Act 2002 so that we do not also have to deal with your request under FOISA.

The 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 the request.

 

All Scotland

East Dunbartonshire

Decided

Allowed

Percentage Allowed

Decided

Allowed

Percentage Allowed

2016

173

91

53%

3

3

100%

2017

146

58

40%

6

3

50%

2018

162

68

42%

2

1

50%

2019

147

60

41%

2

0

0%

2020

120

51

43%

2

1

50%

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