Planning appeals: case file publication protocol

This note explains our arrangements for:

• publication of papers to our web publication site
• removal of documents from our web site

Background

In order to support electronic working and improve the transparency of decision making DPEA publishes most documents relating to current case work to the internet. Our publication policy varies according to the nature of the case work and more details:

• personal data. In line with the General Data Protection Regulation (GDPR) we will remove personal information from documents that we publish. This includes signatures, personal email addresses and telephone numbers
• exceptions: we will not publish any documents that are liable to cause offence, commercially confidential or otherwise sensitive. If we become aware that we have published documents of this nature we will remove them immediately. We will normally comply with a request to remove a document from the web site from the person who wrote it

Publication policy by case type

Planning and all other appeals submitted to DPEA

Publication policy: we aim to publish all documents we receive relating to appeals. This includes everything submitted by the appellant, planning authority and interested parties. We will publish requests for further information issued by DPEA and any responses received.

There are occasions when it is not possible for us to publish all documents such as when a case attracts a very high number of submissions. In these circumstances we will identify those documents that will not be published and provide a note that explains what publication decisions have been taken.

Removal from the web site: case documentation will remain on our website for 7 years from the date the decision is made to provide resource material on the SG decision making process. This does not include, amongst others, letters issued by DPEA and letters of representation received from members of the public which will be removed 12 weeks after the date of the decision. After 7 years most documents will be removed but the initial appeal or application documentation, the decision issued by DPEA and other selected key documentation will be retained for 30 years as deemed necessary in the public interest. You may, however, be able to obtain copies of decisions and reports removed after 30 years by contacting the National Library of Scotland. The exception to this rule is any case which is subject to an appeal to the Court of Session. In these circumstances most documents will remain available until 7 years after the court has issued its decision. If the decision is quashed by the Court of Session a new record will be created and all documents relating to the original case published under the new reference.

Development Plan Examinations

Publication Policy: we aim to publish many of the documents submitted to DPEA by the planning authority relating to Development Plan Examinations. This will include planning authority core documents, representee supporting documents, lists of these documents and all schedule 4s submitted to the planning authority. We will publish requests for further information issued by DPEA, any responses received and the final report.

The information submitted by the council can also normally be found on their own website.

Removal from the web site: case documentation apart from the final report, direction to adopt and other selected key documentation will be removed from the web site 7 years after the plan has been adopted to provide resource material on the SG recommendation making process. This does not include those documents that contain information that does not merit publication for any longer than 12 weeks, which will be removed after 12 weeks from the date the plan has been adopted. The report and other selected key documentation will remain on the web site for 30 years. You may, however, be able to obtain copies of decisions and reports removed after 30 years by contacting the National Library of Scotland.

Other casework dealt with by DPEA

DPEA also deal with casework submitted by other parts of the Scottish Government and local planning authorities. This includes wind farms over 50mw under the Electricity Act, compulsory purchase orders, road orders, environmental appeals and core path plans. In all these cases DPEA will identify key documents that will be published to our web site. This may include the application, submissions by main parties, any requests for further information issued by DPEA and responses received.

Removal from the web site: case documentation apart from the report to Ministers (where appropriate), decision and other selected key documentation will be removed from the web site 7 years after the decision has been issued to provide resource material on the SG decision making process. This does not include, amongst others, letters issued by DPEA and letters of representation received from members of the public which will be removed 12 weeks after the date of the decision The report, decision and other selected key documentation will remain on the website for 30 years. You may, however, be able to obtain copies of decisions and reports removed after 30 years by contacting the National Library of Scotland.