Planning application appeals for onshore wind or solar proposal: EIR release

Information requested

How many planning application appeals for an onshore wind or solar proposal in Scotland has Mr Seaton been responsible for discharging in the last ten years?

How many of these appeals have been upheld in favour of the appellant?

I would also be grateful for some detail of the location of the planning applications which were appealed and the dates of the appeal decisions.

Response

If I might firstly explain that 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.

I confirm that in the past 10 years Mr Seaton has dealt with a total of 6 planning appeals relating to the matters you mention (this includes the case for Berry Hill Solar Farm proposal case reference PPA-120-2060). Of those 6 appeals 4 were allowed(planning permission granted). I also enclose this information in table format below.

Case ref

Site Address

Description

Date of Decision

Outcome

Link to case

PPA-120-2060	Berryhill Solar Farm Limited	Installation Of A Solar Photovoltaic Array (Pv) With An Export Capacity Of Not More Than 49.9Mw	21 Sep 2022	Appeal Allowed	PPA-120-2060
PPA-270-2147	Land 1810M South Of Blairmore Farm, Kiltarlity, Blairmore, Inverness, IV4 7HT	The Construction And Operation Of A Wind Farm Of Up To 30Mw Comprising 10 Turbines With Max Tip Height Of 126M Together With Associated Infrastructure	28-Jun-18	Appeal Dismissed	PPA-270-2147
PPA-270-2151	Culachy Estate, Land 6Km Se Of Newtown, Invergarry, PH32	Construction Of 13 Wind Turbines With 12 Up To 149.5M Tip Height And One Up To 132M Tip Height	27-Apr-18	Appeal Dismissed	PPA-270-2151
PPA-190-2052	Land At Fingart Farm, Near Lugton, East Ayrshire	Erection Of Single Wind Turbine With Associated Access & Apparatus	24-Mar-16	Appeal Allowed	PPA-190-2052
PPA-380-2059	Brewshot Farm, Braehead, Lanark, ML11 8HB	Erection Of Two 46.7M High Turbines	03-Nov-15	Appeal Allowed	PPA-380-2059
PPA-250-2230	Muirhead Farm, Craigrothie, Cupar, KY15 5PH	Erection Of 550 Kw Wind Turbine (79M To Blade Tip), Formation Of Access Track And Associated Infrastructure	02-Oct-15	Appeal Allowed	PPA-250-2230

If it may also assist, by way of background the role of the reporter is that of an independent decision maker who is required, by law, to make their decision in line with the development plan for the area unless material considerations indicate otherwise. Those material considerations cover a wide range including Scottish Planning Policy, the National Planning Framework, a proposed strategic or local development plan as well as community plans, the environmental impact of the proposal and legitimate public concern or support expressed on relevant planning matters. Reporters carefully weigh all information submitted as part of an appeal before coming to their conclusions.

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