Planning and Environmental Appeals Division (DPEA): annual review 2023 to 2024

Chief Reporter’s Statement

This Annual Review reflects on another successful year for DPEA, in terms of both the quality of decisions and reports and continued improvements in timely decision-making. This can largely be attributed to the commitment of reporters and administrative staff to working collaboratively with applicants, appellants and interested parties across all case types.

I am particularly pleased with the improved performance against Ministerial targets reported in this review. For delegated site inspection appeals, our most common workflow, we issued 91% of decisions within 12 weeks, well in excess of the 80% target set by Ministers. This performance contributes to certainty and efficiency in the planning process.

It is notable from Table 8 that there were no appeals determined by means of inquiry session this year, and only five by hearing session. This must reflect, to some degree, improved quality in appeal submissions and responses, with reporters being able to reach a decision on the basis of the information submitted, supplemented by sparing use of further written submission procedures. We will continue to strive for proportionality and efficiency in all that we do.

Just outwith the reporting period for this review, the Scottish Parliament declared a housing emergency, focussing on homelessness. That coincided with the Inner House judgement on the Miller Homes appeal. Ministers’ decision in that case had been informed by a report submitted by one of our reporters and I was gratified to see the court commenting positively on the quality of that report. DPEA clearly has an important role in ensuring that the housing consenting process operates efficiently and in accordance with the overall intentions of NPF4.

In the same vein, DPEA has now received the first LDP Evidence Reports for Gate Check, having collaborated intensively with planning authorities in preparation for submission. I am committed to ensuring that this process is conducted proportionately and speedily, so that authorities can proceed to plan preparation, ensuring that additional housing sites are brought forward as appropriate.

More widely in regard to NPF4, reporters in common with others have been grappling with novel policy approaches and concepts. As I mentioned last year, DPEA decisions are part of the monitoring framework on the effectiveness of NPF4, and we are endeavouring to ensure that we appropriately and consistently apply its policies.

Moving forward, and in the context of budgetary and recruitment controls, we continue with readiness preparations for significant challenges to come during the coming year:

• a very significant increase in Electricity Act applications for transmission lines, together with associated CPOs and unprecedented numbers of necessary wayleave applications;
• significantly increased numbers of short-term let planning, enforcement and certificate of lawfulness appeals, as a by-product of the introduction of a licencing regime;
• increased numbers of housing appeals as cases currently with DPEA and planning authorities work their way towards determination following the Miller Homes judgement; and
• increasing flow of Evidence Reports submitted for Gate Check.

The likely cumulative impact of these workflows on DPEA operations must not be underestimated.

Finally, to note that we have this year committed considerable resource to engaging with stakeholders. Training sessions, attended by hundreds of participants, have been undertaken on: an introduction to DPEA’s work; Gate Checks; and how planning authorities and community groups can most effectively engage with DPEA casework. More such sessions are planned for the coming year. I am always keen to hear of the experiences of our stakeholders with any suggestions for improvements to how DPEA operates. In that context I would welcome dialogue with any parties not already engaging with us.

Scott M Ferrie

Chief Reporter