Planning and Environmental Appeals Division: annual review 2024 to 2025

Chief Reporter’s Statement

This Annual Review reflects on an exceptionally busy year for DPEA.

It can be seen from Table 2 that DPEA received 1002 cases all told during the reporting year, up significantly from 613 cases the year before. Most of that rise can be attributed to short-term let (STL) visitor accommodation appeals, mainly in the form of certificate of lawful use appeals. Although these cases have now subsided somewhat, I do not anticipate that this workstream will return to the low numbers experienced prior to 2023.

The number of live cases on hand at the close of the reporting year was 210, a slight increase from the previous year. Contrary to expectations, and as this Review demonstrates, no backlog of STL cases was allowed to accumulate and performance against targets remained high, even improving in some workflows. This is indicative of the sterling effort of reporters and caseworkers in processing the huge rise in cases to completion.

Casework numbers will rise even further during the current year. As I write in June, there are 522 live cases on hand, well in excess of 200% of normal levels. Around 220 of these are appeals against notices served on fish farm operators by SEPA. We also know that there are likely to be around 600 Necessary Wayleave cases associated with high priority electricity transmission line applications. It is consequently realistic to foresee that live cases on hand will rise to well above 1000, a quite unprecedented scale of challenge for DPEA.

I reported in last year’s Annual Review that, cognisant of this, DPEA was heavily engaged in improvement activity designed to ensure that our guidance, processes and reporting approach were best-designed to ensure that all casework could be proportionately and efficiently processed, whilst maintaining high qualitative standards. That improvement activity, including published DPEA Guidance Notes on community hearings and document management in hearings and inquiries is largely complete, but will be kept under review and fresh opportunities for improvement will be addressed as they arise.

Even with streamlined processes in place, I am keenly aware of the potential effect of significantly increased casework numbers on staff wellbeing. With this in mind a recent all-staff day focussed on resilience and wellbeing. I have stressed to all staff that whilst we will strive to maintain high performance against targets, this cannot be at the expense of wellbeing.

The introduction of planning appeal fees on 9 June, and agreement within Scottish Government that fee income will be ring-fenced for improvements to service, has enabled the recruitment of 11 additional posts within DPEA, 4 reporters and 7 administrative staff. I am hugely grateful that, during a period of shrinking staffing levels within Scottish Government, this expansion of DPEA capacity has been authorised. This is illustrative of the role DPEA plays in enabling growth, not least in housing and net zero electricity generation and transmission. Recruitment activity is well-advanced, and taking the filling of established posts into account, we are preparing to induct 7 new reporters in November.

We have refreshed the look of the Annual review this time round, and hope that the inclusion of case studies covering distinct case types and other activity will be of some interest. These cover our work on the Mossend housing appeal and on conjoined wind farm appeals, the City of Glasgow Evidence Report gate check, and an administrative case study on preparing for the receipt of high casework volumes.

The Glasgow Evidence report case study reflects on a hugely significant area of activity for DPEA. I would strongly encourage those planning authorities still preparing their evidence reports for submission to engage with us prior to submission, and to consider our issued reports, in which the appointed reporters have been careful to identify examples of good practice, together with common pitfalls.

This year I note, with huge gratitude for their contribution to the work of DPEA, the retirement of three highly valued members of staff: Karen Heywood, Assistant Chief Reporter and for a while Acting Chief Reporter; David Henderson, Head of Administration and Performance, and Elspeth Cook, Senior Reporter. All three will have been known to many of you as dedicated public servants.

My huge thanks as ever go to all DPEA staff and stakeholders for their collective commitment to the operation of a high quality appellate service.

Scott M Ferrie

Chief Reporter