Appeals received against planning decisions: EIR release

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


Information requested

  1. The number of appeals received by the Scottish Government appealing local authority planning decisions, broken down by council area. Please provide this information for the financial years of 2017-18, 2018-19, 2019-20, 2020-21 and so far in 2021-22.
  2. The number of appeals against local authority planning decisions which the Scottish Government has overturned, broken down by council area. Please provide this information for the financial years of 2017-18, 2018-19, 2019-20, 2020-21 and so far in 2021-22.
  3. If possible, the location and type of each development where the Scottish Government overturned the local authority planning decision. Please provide this information for the financial years of 2017-18, 2018-19, 2019-20, 2020-21 and so far in 2021-22.

Response

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.

Please find attached the following which contain all of the information you requested.

Table 1 - No of appeals received by the Scottish Government appealing local authority planning decisions, broken down by council area for financial years of 2017-18, 2018-19, 2019-20, 2020-21 and so far in 2021-22

Table 2 - No of appeals against local authority planning decisions which the Scottish Government has overturned broken down by council area for the financial years of 2017-18 2018-19 2019-20 2020-21 and so far in 2021-22

Table 3A - Location and type of each development where the Scottish Government overturned the local authority planning decision 2017-18

Table 3B - Location and type of each development where the Scottish Government overturned the local authority planning decision 2018-19

Table 3C - location and type of each development where the Scottish Government overturned the local authority planning decision for the financial years 2019-20

Table 3D - Location and type of each development where the Scottish Government overturned the local authority planning decision for the financial year 2020-21

Table 3E - Location and type of each development where the Scottish Government overturned the local authority planning decision for the financial year 2021-22 to date.

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

About FOI

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.

FOI 202200286373 - Information released

Contact

Please quote the FOI reference
Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrews House
Regent Road
Edinburgh
EH1 3DG

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