Planning and Environmental Appeals Division: annual review 2024 to 2025

Introduction

Planning and Environmental Appeals (DPEA), a division of the Scottish Government Legal Directorate, considers and makes decisions and recommendations on a range of planning and environmental matters on behalf of Scottish Ministers. This year there was a significant increase in cases received to 1002, from 625 in the previous year. A vast majority of this increase can be attributed to an increase in short term let cases received this year at a total of 494 cases, up from 120 the year before. The number of Section 36 applications received has also increased this year, with 10 received compared to 3 the year before. Wayleaves continued to show a reduction in the number of cases coming to DPEA year-on-year.

A person appointed by Scottish Ministers (a reporter) decides most planning permission appeals. These are called ‘delegated’ appeals. In a small number of cases the reporter does not decide the appeal but submits a report with a recommendation to the Scottish Ministers. These are called ‘non-delegated’ or ‘recalled’ appeals. We also deal with a wide range of appeals from decisions of planning or local authorities on matters such as listed buildings and consents to display advertisements, amongst others. DPEA also deals with appeals from decisions made by the Scottish Environment Protection Agency (SEPA) in connection with the prevention and control of pollution, air and water quality, and waste management.

Other key areas of our work include the examination of local development plans, public local inquiries held in connection with applications for consent under the Electricity Act 1989 and compulsory purchase and other orders.

Through our practical knowledge and experience of the appeals system, we continue to provide input to the Planning, Architecture and Regeneration Division (PARD) in taking forward planning reform, designed to further improve the planning system. We have also continued to have discussions with other Scottish Government divisions in relation to our role in new areas of work for DPEA.

Outreach Work

We also engage with outside bodies and other Scottish Government divisions to promote greater understanding of their and our needs. These activities can at times lead to improvements in service on both sides of the equation. This year our engagement activities with outside bodies have included:

• Holding a workshop on planning appeals for community groups. Holding a training session on planning appeals for planning authority officials.
• Met with various planning authorities in preparation for their Evidence Reports and one planning authority in preparation for their proposed LDP following their Gate Check assessment clearing.
• Meetings with agents in wayleave and Section 37 cases to discuss document management.
• Held meetings with 9 planning authorities and 1 national park authority.
• Updated planning authorities with any new guidance and information as necessary throughout the year.

Our engagement with other Scottish Government divisions has included:

• Collaborated with the ePlanning team on changes to their system to allow for payment of fees to DPEA.
• Held meetings with Energy Consents to discuss large amounts of Wayleaves that are due to arrive in the next review period to determine best practice and processes.

Our Aims and Values

DPEA aims to embody the core values of the planning service in Scotland and to deliver on policy intentions as set out in NPF4:

• Focusing on outcomes, maximising benefits and balancing competing interests
• Playing a key role in facilitating sustainable economic growth, particularly the creation of new jobs and the strengthening of economic capacity and resilience within communities
• Ensuring development plans are up to date and relevant
• Making decisions in a timely, transparent and fair way to provide a supportive business environment and engender public confidence in the system
• Being inclusive, engaging all interests as early and effectively as possible
• Being proportionate, only imposing conditions and obligations where necessary
• Upholding the law and enforcing the terms of decisions made

Our Objectives

• To reach sound decisions and recommendations
• To carry out our business more efficiently
• To ensure we use our resources to best effect and in a proportionate way
• To continue to improve the experience of our customers