Planning and Environmental Appeals - use of artificial intelligence: policy statement

Definitions

The Planning and Environmental Appeals Division of The Scottish Government defines AI as “Technologies used to allow computers to perform tasks that would otherwise require human intelligence, such as visual perception, speech recognition, and language translation.”

Purpose

This statement outlines how the Planning and Environmental Appeals Division (DPEA) may use Artificial Intelligence (AI) in support of our case work.

Our approach reflects the Scottish Government’s commitment to ethical and inclusive AI, as set out in Scotland’s AI Strategy, and aligns with broader public sector guidance on transparency and responsible use.

Principles

DPEA will adhere to the following principles in its adoption and use of AI:

• Transparency: this statement informs the public about how DPEA may use AI in its casework 
• Discretion: AI may be used at the discretion of DPEA staff, provided it aligns with approved use cases and complies with all relevant Scottish Government policies on the use of AI
• Human oversight: AI will in no way replace the application of professional judgement in making rulings, making recommendations, writing decisions or otherwise determining the outcome of cases. Responsibility for all decisions, reports, rulings, and recommendations remains the responsibility of the appointed reporter or planner
• Ethical use: AI tools will be used in accordance with data protection, privacy, and other relevant legislation
• Supportive role: AI may be used to assist with administrative tasks where this would improve efficiency, productivity or accessibility

DPEA use of Artificial Intelligence (AI)

Scope of use

AI may be used within DPEA to assist with tasks that do not require substantive judgment, such as (list not exhaustive):

• organising and categorising application and appeal documents (including consultation responses and representations)
• retrieving, reviewing and summarising information, particularly where there are large volumes of evidence
• enhancing internal efficiency in document handling or data processing
• supporting the structuring of agendas and procedural advice for case participants

Limitations of use

AI will not be used to:

• generate reports, recommendations, or decisions in place of our planners and reporters
• replace or diminish professional judgement 
• generate final content for decisions or reports, such as pre-formed passages of text, images, or supporting documents
• generate additional evidence or verify or strengthen evidence submitted by parties

Oversight / Human oversight

All use of AI will be subjected to meaningful human oversight. DPEA staff will review, assess, and approve any AI outputs before it is used. 

Continuous monitoring and governance

The use of AI within DPEA will be monitored and reviewed through a dedicated working group. This group will: 

• evaluate how AI is being used across the Division
• ensure that use remains safe, efficient, and compliant with Scottish Government policy
• identify risks and mitigation measures
• update staff guidance where needed
• ensure the use of AI and AI tools continues to support rather than replace professional judgement

Registration and transparency

In line with the Scottish Government’s commitment to transparency, AI tools used within DPEA will be logged in the Scottish AI Register. If a tool DPEA is using is already logged for use within the wider Scottish Government, it will not be logged twice. 

Parties’ use of Artificial Intelligence (AI) in planning appeals and other DPEA casework

DPEA recognises that AI including tools such as large language models and other forms of generative AI, may be used by parties when preparing information submitted to us.

Advances in recent years mean that AI tools are now widely accessible and, in many cases, free to use. AI can be used to create or modify content in a range of formats, including text, images, video, audio, and other types of data.

Images, audio and video

Where AI is used to generate or materially alter images, video, or audio materials, parties must inform DPEA at the time of submission. We may request sight of the original, unaltered material.

Drafting written submissions

AI tools may be used to assist with the drafting of written submissions, for example to improve structure, clarity, or grammar.

Where a written submission has been wholly or predominantly generated by AI, rather than drafted by the party themselves with limited assistance, this must be disclosed to DPEA. In such cases, parties must state that generative AI has been used and identify the tool applied.

Regardless of whether AI has been used, all parties have a duty to place accurate, relevant, and reliable information before the reporter or planner. Responsibility for the content of any submission rests with the party making it. DPEA may undertake checks to assess whether information submitted has been generated using AI.

Interested parties and representations

The same principles apply to representations submitted by interested parties. Where an interested party has used generative AI to prepare a representation or statement submitted to DPEA, they must inform us and specify which AI tool was used. This requirement applies where the content has been generated in whole or in substantial part by AI.

Original representations that succinctly address relevant planning matters are generally the most effective way of bringing issues to the attention of reporters. Further information on matters that may be considered material in planning terms is available in Annex A of Circular 3/2022: Development Management Procedures.

Mass campaigns and identical submissions

In cases involving mass email campaigns, petitions, or multiple representations containing identical or substantially similar content, including content generated using AI, DPEA may treat these collectively as a single submission. This approach is consistent with how petitions and organised campaigns are currently handled. Where possible, we will seek to extract any unique material considerations and associate them with the relevant case. However, this may not be possible where a large volume of substantially similar submissions is received.

Where a “mass campaign” is identified, DPEA will record the contact details of each person making a representation, where these are provided. This must include, as a minimum, a name, address, and email address. DPEA will then keep interested parties informed of progress on the case and, where appropriate, provide opportunities to participate in relevant procedures.

Declaring the use of Artificial Intelligence

Where a party or interested party is required to declare the use of generative AI under this guidance, this should be done clearly within the submitted document or representation, or in covering correspondence at the point of submission. The declaration should confirm that generative AI has been used and identify the tool applied. No further technical details are required. Failure to disclose the use of generative AI where required may affect the weight given to the submission.

Example 1: this submission was prepared with the assistance of generative artificial intelligence (ChatGPT) to support drafting. The content has been checked for accuracy and relevance by the author.

Example 2: this submission was generated predominantly using generative artificial intelligence (ChatGPT). The author accepts responsibility for the content submitted.

Example 3: the image submitted as part of these submissions has been altered using artificial intelligence (Adobe Photoshop Generative Fill). The original, unaltered image is available on request.

Additional resources

This section provides further information to support the safe and effective use of AI within DPEA. It includes links to the relevant Scottish Government guidance, internal resources, and the Scottish AI Register, which records approved tools and their uses across the Scottish Public Sector.

The Scottish AI Register provides information on the AI systems in use or in development within the Scottish public sector.

Scottish Government Complaints Policy: The Scottish Government regards a complaint as any expression or dissatisfaction about our action or lack of action, or about the standard of service provided by us or on our behalf. 

The Scottish Government’s artificial intelligence strategy sets out a vision for AI in Scotland, the principles that guide us and the actions we’ll take to develop and strengthen our AI ecosystem over the next five years.