Planning application rejection process for The Grange Club in Stockbridge: EIR release

Information requested

Can you answer the questions 1, 3, 4 and 5 please?

Under FOI can I please find out what process was followed after you rejected the Planning application for the air supported dome, housing 2 tennis courts?

1. How was the Reporter appointed?

2. How were people/organisations who objected informed that the process had gone to Appeal?

3. Who was informed that the Reporter was on site?

4. Who checked the Reporters report on the accuracy of his report?

5. What is 'normal' procedure and was this followed?

Response

Firstly, 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.

The information you requested is set out below

1. How was the Reporter appointed?

The appointment of a reporter is an operational matter for the Scottish Government. We have addressed this in our previous response to this matter here : Planning appeal information for The Grange Club in Stockbridge: EIR release - gov.scot. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

3. Who was informed that the Reporter was on site?

The reporter in this case undertook an accompanied inspection of the site on 23 January 2023. In line with the Town and Country Planning (Appeals) (Scotland) Regulations 2013 all interested parties noted on the case were invited to attend. During the site visit, the reporter also attended the rear garden of 42 Raeburn Place following an invite by a local resident.

4. Who checked the Reporters report on the accuracy of his report?

This information has already been released via our previous response to 202500453288 and is available here : Planning appeal information for The Grange Club in Stockbridge: EIR release - gov.scot. Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

5. What is 'normal' procedure and was this followed?

All appeals of this type follow the Town and Country Planning (Appeals) (Scotland) Regulations 2013.

Reporters are required to make their decision in line with NPF4 and the local development plan unless material considerations indicate otherwise. You can find our previous response which addresses this in more detail here: Planning appeal information for The Grange Club in Stockbridge: EIR release - gov.scot

Under regulation 6(1)(b) of the EIRs, we do not have to give you information which is already publicly available and easily accessible to you in another form or format. If, however, you do not have internet access to obtain this information from the website(s) listed, then please contact me again and I will send you a paper copy.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.