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

What We Have Achieved

Our figures for the number of cases we process in a year has remained stable compared to last year, which still shows a year-on-year improvement. We have exceeded our targets on cases decided by No Further Procedure, Site inspection and Further Written Submissions and continue to work at a high level.

We continue to recognise that to improve the quality and speed of our decision making we need to remain focused on continuous improvement and enhance the support systems we have in place for all reporters to broaden and deepen their skills.

The number of planning permission appeals that should have been submitted to a planning authority’s Local Review Body (LRB) rather than DPEA, continues to be an issue. We will monitor the decision notices issued by them and where the decision notices do not clearly indicate which route applicants need to use to get their applications reconsidered, we point this out to the authorities and ask them to review their processes for issuing decision notices to ensure that the route for reconsideration of decisions is always clear.

Planning And Other Appeals

The Scottish Government places great emphasis on the importance of a modern planning service to stimulate sustainable economic growth and to encourage investment in Scotland. One of the key objectives of planning reform was to remove unnecessary delays and to speed up decisions on planning applications and appeals.

As part of these reforms planning authorities are expected to submit a completed Planning Authority Response Form (PARF) within 21 days of receipt of a valid planning related appeal. We monitor the performance of the planning authorities in meeting this target and engage regularly with any that are consistently underperforming and causing delays in our ability to reach decisions on such appeals.

The table below gives details of each planning authority’s performance in this respect.

With delegated appeals determined by initial written submissions and a site inspection our percentage decided within target was better this year at 91% and our average time taken to determine them also improved at 10.7 weeks, compared to 87% and 11.6 weeks last year. These figures are particularly pleasing when the increase in volume of appeals decided by this method is taken into consideration, 261 appeals this year compared to 252 last year.

Regarding planning appeals where the planning authority had refused an application against their planning officer’s recommendation to grant consent, 25 appeals were allowed and 23 were dismissed. Where they had gone with their planning officer’s recommendation to refuse consent, 23 appeals were allowed and 40 were dismissed.

For more complex appeals determined using further written submissions we met our 80% target for completion within 20 weeks, with the percentage increasing from 70% to 83%, and the average time taken reduced from 21.6 weeks to 18.1 weeks.

The small number of delegated appeals that require to be determined by use of hearing and inquiry sessions will always make it more difficult for us to meet our targets for their determination. There were no appeals determined by inquiry and fewer appeals determined by hearing compared to last year, this gives little scope for the leeway available to us when decision numbers are in the hundreds. We are disappointed that no such appeals have been determined within target this year.

For more detail on these matters please see performance against our targets.

We have dealt with appeals for significant development proposals including:

Residential Developments Over 10 Units

• Forfar
  • Houses/Flats: 159
  • Decision: Appeal Dismissed
• Alva
  • Houses/Flats: 244
  • Decision: Appeal Dismissed
• Crosshouse
  • Houses/Flats: 39
  • Decision: Appeal Dismissed
• Uplawmoor
  • Houses/Flats: 173
  • Decision: Appeal Dismissed
• Edinburgh (Seafield Road East)
  • Houses/Flats: 220
  • Decision: Appeal Dismissed
• Edinburgh (Granton Harbour)
  • Houses/Flats: 81
  • Decision: Appeal Dismissed
• Dalgety Bay
  • Houses/Flats: 35
  • Decision: Appeal Allowed
• Glasgow
  • Houses/Flats: 424
  • Decision: Appeal Allowed
• Inverness
  • Houses/Flats: 130
  • Decision: Appeal Allowed
• Aviemore
  • Houses/Flats: 11
  • Decision: Appeal Dismissed
• Buckie
  • Houses/Flats: 101
  • Decision: Appeal Allowed
• Gartcosh
  • Houses/Flats: 75
  • Decision: Appeal Dismissed
• Cumbernauld
  • Houses/Flats: 65
  • Decision: Appeal Dismissed
• Alyth
  • Houses/Flats: 20
  • Decision: Appeal Allowed

We publish weekly statistics on all developments with 10 or more houses.

Number of Houses Consented in All Residential Developments Over 5 Years

• 2023 to 2024 - 745
• 2022 to 2023 - 3700
• 2021 to 2022 - 1851
• 2020 to 2021 - 2258
• 2019 to 2020 - 9410

Wind Farm Appeals (Two Or More Turbines)

• Garcrogo Hill And Barmark Hill, Corsock
  • Turbines: 7
  • Decision: Appeal Dismissed
• Cornharrow, St John's Town Of Dalry
  • Turbines: 7
  • Decision: Appeal Allowed
• Cornharrow, St John's Town Of Dalry
  • Turbines: 7
  • Decision: Appeal Allowed
• Overhill Wind Farm, Dalmellington
  • Turbines: 10
  • Decision: Appeal Allowed
• Meall Buidhe Wind Farm, Ardgay
  • Turbines: 8
  • Decision: Appeal Allowed
• Strathrory, Ardross, Alness
  • Turbines: 7
  • Decision: Appeal Allowed

In 2023 to 2024 DPEA reporters granted planning permission for 221.4MW of output.

Statistics for all wind turbine appeal decisions are published on our website

Other notable appeals received or decided during this review:

• A considerable number, 156, of short term let appeals.
• A number, 29, of student accommodation proposals in Edinburgh and Glasgow.
• Office development at Haymarket, Edinburgh.
• A pop-up festival village at Waverley Bridge, Edinburgh.
• An anaerobic digestion plant in Fearn.
• A photovoltaic solar farm on the Isle of Cumbrae.
• A solar farm at Coupar Angus.
• A residential care home in Glasgow.
• A rail freight terminal at Ravenscraig.

Recalled Appeals

Reports were submitted to Scottish Ministers in five appeals that had been recalled for their consideration. These were for:

• Alterations And Extension to a Dwellinghouse Including Installation Of Air Source Heat Pump in Alford, Aberdeenshire.
• Residential Development in Mossend, West Calder.
• Wind Farm comprising of seven turbines at Callisterhall Wind Farm.
• Fish Farm in Loch long.
• Rail Freight Terminal, in Motherwell.

Called In Planning Applications

As listed below, 9 reports for called-in planning applications were submitted to Scottish Ministers for their consideration.

Called-in Planning Application Reports Submitted To Scottish Ministers

• Westhill, Inverness
  • Proposed developments: A House
• Ferry Road, North Queensferry
  • Proposed developments: A House for holiday let
• Tullynessle, Alford
  • Proposed developments: Extension and alterations to a house
• Stevenson Street, Oban
  • Proposed developments: Conversion of workshop and stores to 4 flats and alterations to funeral facilities
• Lyon Road, Linwood
  • Proposed developments: Tyre and rubber recycling and processing plant and associated infrastructure
• Ingram Street/Albion Street, Glasgow
  • Proposed developments: 109 Apartments and commercial units
• Grampian Road, Aviemore
  • Proposed developments: 22 apartments, shops hotel and underground parking
• Skinflats, Falkirk
  • Proposed developments: Change of use to parking and yard area and 2 temporary buildings
• Miller Street, Innerleithen
  • Proposed developments: A House

We also submitted reports for a listed building notified application for the demolition of Linkshouse in Shetland, a purchase notice for a site at Merkland Wood on the Isle of Arran and a revocation order for the Arena Gym in Ellon.

Planning Obligation Appeals

Decisions were issued for nineteen planning obligation appeals in 2023 to 2024, this was an increase from the ten, planning obligation appeals in 2022 to 2023, some details of which are shown in the following table.

Planning Obligation Appeal Decisions Issued

• Aberdeenshire Council
  • Modification sought: Healthcare Obligations
    • Decision: Appeal Allowed
  • Modification sought: Education Contributions
    • Decision: Appeal Dismissed
  • Modification sought: Healthcare obligations, Change of house types, Amendments to site layout
    • Decision: Appeal Allowed
  • Modification sought: Healthcare Provision
    • Decision: Withdrawn
  • Modification sought: Waste & Recycling Collection
    • Decision: Withdrawn
• Angus Council
  • Modification sought: Agricultural Occupancy
    • Decision: Appeal Allowed
• City of Edinburgh Counci
  • Modification sought: Tram Contributions
    • Decision: Appeal Allowed
• Fife Council
  • Modification sought: Education Contributions
    • Decision: Withdrawn
• Glasgow City Council
  • Modification sought: Open Space Contribution
    • Decision: Appeal Allowed
  • Modification sought: Residents Car Parking
    • Decision: Appeal Allowed
• Perth and Kinross Council
  • Modification sought: Sports pitch requirement and open space contribution
    • Decision: Appeal Dismissed
• West Lothian Council
  • Modification sought: Traffic Improvements Contribution
    • Decision: Appeal Allowed in Part
  • Modification sought: 2 cases for Town Centre Improvements contribution
    • Decision: Appeals allowed
  • Modification sought: Cemetery Contribution
    • Decision: Appeal Allowed in Part
  • Modification sought: 3 cases for Cemetery Contribution
    • Decision: Appeals Dismissed

Local Development Plan Examinations (LDP)

In “old style” Development Plan Examinations, Circular 6/2013: Development Planning provided further guidance on Ministers’ expectations in terms of moving swiftly from the main issues report stage through to proposed plan, examination, and adoption with a view to ensuring that we had an up-to-date plan led system.

The Circular has now been replaced with Guidance and DPEA has had early discussions with planning authorities, Heads of Planning Scotland, and key agencies in relation to how the new process will work.

Five LDP examinations, further details of which are given in table 6, were completed in 2023 to 2024. The examinations were completed in an average of 55 weeks, which is over the target of 9 months (39 weeks) referred to in Circular 6/2013. Modifications were recommended in relation to all proposed plans, ranging from minor modifications to conclusions regarding deficiency or non-compliance with national policy.

The last ‘old style’ development plan examination was completed at the very end of the review period after we completed the examination of Edinburgh Local Development Plan (City Plan 2030).

Due to changes in the development plan process, there is a new stage of development plan preparation in respect of the requirement for planning authorities to prepare Evidence Reports. The assessment of the Evidence Report, known as the Gate Check, will provide an independent assessment of whether the planning authority has sufficient information to prepare their LDP.

We have held early meetings with planning authorities before they submit their Evidence Reports for Gate Check to provide practical guidance so they can prepare effectively.

Around 22 Planning authorities have told us they expect to submit evidence reports to us before the end of March 2025.

We will continue to drive continuous improvement in this area of our work and seek to implement best practice with agreement of all involved in implementing new processes required by changes to the planning system.

To support that, we strongly encourage those authorities that are in the process of preparing their evidence report or proposed development plan to engage with us at an early stage. This should be as early as possible in the process.

Since 2018 to 2019 we have liaised earlier and more regularly during the plan preparation stage, and we have continued to build on this in years following. A key aim of this engagement is to assist the authority in marshalling the representations into sensible groups. Authorities will also want to ensure that sufficient time is factored into their timetable for the administrative task of pulling their examination material together.

This year as part of the early-stage engagement we have met with around 30 of the 32 planning authorities and 2 National Park Authorities in respect of the preparation of their Evidence Reports each of those authorities are currently at various stages of that preparation.

We work closely with authorities in the period leading up to their respective submissions. If we are to complete the assessments and examinations in reasonable time it is essential that authorities provide accurate timescales of when their evidence reports and/or proposed plan will be submitted. We seek to line reporters up for these cases in order that work can commence as soon as possible after they have been submitted. However, slippage in submission timescales has resulted in reporters not being allocated until the cases are actually received. As reporters’ workloads are scheduled up to six months in advance this has meant delays to commencement of the examinations with a knock-on impact on the time taken to complete them.

Other Casework

DPEA deals with a wide variety of non-planning casework including inquiries held under the Electricity Act and inquiries into Roads Orders and Compulsory Purchase Orders. These casework types tend to be very resource intensive for DPEA, both in terms of reporter and caseworker commitment, and remain a focus of efficiency initiatives.

We also have responsibility for determining environmental appeals made to Scottish Ministers against decisions made by SEPA in relation to the control and prevention of pollution, water quality and waste management.

Statistics giving the volume and breakdown of casework are in tables 1 to 3 of Appendix A to this report.

Electricity Act Cases

Applications to construct or vary electricity generating stations (including onshore wind farms) with a capacity of more than 50 megawatts are made to the Scottish Ministers under section 36 and 36C of the Electricity Act 1989. Scottish Ministers also deal with applications to construct overhead electric power lines (section 37) and, where these cannot be agreed, applications for any necessary wayleaves over land for the purpose of constructing or maintaining access to power lines.

This year eight reports were submitted to Ministers for applications for section 36 wind farms. Those were for:

• Faw Side, Hawick.
• Glendye, Aberdeenshire.
• Kintradwell, Brora.
• Cairn Duhie, Grantown-on-Spey.
• Narachan Hill, Tayinloan.
• Corriegarth, Inverness.
• Strath Oykel Forest, Oape Ardgay.
• Hollandmey, Thurso.

6 reports were submitted to Ministers for applications for Section 37 Transmission line, five of these cases involving the Kendoon to Tongland transmission line and one for the Dalmally to Inverarnan transmission line.

At the end of the review period we had in-hand a further 7 Section 36 applications for wind farms as listed below.

Electricity Act Applications In Hand

• DPEA reference: WIN-370-4
  • Planning authority: South Ayrshire Council
  • Type and Name: Wind Farm- Craiginmoddie Wind Farm
• DPEA reference: WIN-370-5
  • Planning authority: South Ayrshire Council
  • Type and Name: Wind Farm - Carrick Wind Farm
• DPEA reference: WIN-370-6
  • Planning authority: South Ayrshire Council
  • Type and Name: Wind Farm - Knockcronal Windfarm
• DPEA reference: WIN-130-7
  • Planning authority: Argyll and Bute Council
  • Type and Name: Wind Farm - Clachaig Glen Wind Farm
• DPEA reference: WIN-130-8
  • Planning authority: Argyll and Bute Council
  • Type and Name: Wind Farm - Earraghail Renewable Energy Development
• DPEA reference: WIN-270-20
  • Planning authority: Highland Council
  • Type and Name: Wind Farm - Garvary Wind Farm
• DPEA reference: WIN-270-21
  • Planning authority: Highland Council
  • Type and Name: Wind Farm - Kirkton Energy Park

Decisions issued by Scottish Ministers this year following a reporter’s report and recommendation to grant consent totalled 833 MW of output.

We refer to reports submitted re above cases where the report has been issued after the period of this review.

We also submitted 31 reports to Ministers on applications for a necessary wayleave. During the year 44 wayleaves cases that had been referred to us were withdrawn, some after a considerable amount of work had been carried out on them. At the end of the review period, we had 21 such cases in-hand. There is a continuing pattern of a high proportion of these cases being withdrawn. We anticipate there will be a sharp increase in these cases over the coming years and that is a major concern for us in terms of resources and budget.

Compulsory Purchase Orders

Three reports on compulsory purchase orders were submitted this year. These were for the A720 Sheriffhall Roundabout in Edinburgh, the former Maxwell Building in Dalgety Bay, Fife and 73 Rylees Crescent, Glasgow.

Other Orders and Reports

Two road orders related to the Sheriffhall roundabout were submitted. There was a total of four reports submitted for Traffic regulation orders, 2 were related to various roads in Port Glasgow and Kilmacolm, one for West Blackhall Street and Adjoining Roads in Greenock and the final one was for Wellbrae and Bridge Street in Strathaven.

Core Path Plans

No Core Path Plans were submitted to DPEA in the year 2023 to 2024.

Environmental Appeals

In 2023 to 2024 only one environmental appeal involving the Scottish Environment Protection Agency (SEPA) was received which was consequently withdrawn.

High Hedges

We made 11 decisions in 2023 to 2024 on valid appeals dealt with under the High Hedges (Scotland) Act 2013. Further information about high hedges can be found in the Scottish Government’s guide to local authorities and our high hedge appeals forms and guidance page.

Historic Environment (Scotland) Act 2014

In 2023 to 2024 we made one decision on a building designation appeal at 124 Craighall Road in Glasgow.

Community Asset Transfer Appeals (CAT)

CAT-270-1 related to Smiddy Field, Knocknagael Bull Stud Farm, Inverness is the only Community Asset Transfer appeal report that has been submitted to Scottish Ministers this year.

We have one other appeal of this type in progress. We have continued to engage with the client division to assist in improving guidance and processes.

Court Of Session Appeals

The table below sets out cases appealed to, and decisions made by, the Court of Session in 2023 to 2024 in relation to appeals decided by reporters.

Court Of Session Appeals Position

• Case reference: ENA-230-2234
  • Date referred to Court of Session: 03/03/2023
  • Court of Session outcome date: 21/09/2023
  • Court of Session outcome: Withdrawn
• Case reference: ENA-210-2019
  • Date referred to Court of Session: 28/03/2023
  • Court of Session outcome date: 19/12/2023
  • Court of Session outcome: Quashed
• Case reference: BDA-011-2019
  • Date referred to Court of Session: 30/11/2023
  • Court of Session outcome date: Still in progress
  • Court of Session outcome: Pending
• Case reference: ENA-230-2265
  • Date referred to Court of Session: 22/12/2023
  • Court of Session outcome date: Still in progress
  • Court of Session outcome: Pending
• Case reference: LBE-230-2057
  • Date referred to Court of Session: 22/12/2023
  • Court of Session outcome date: Still in progress
  • Court of Session outcome: Pending

Customer Feedback

We welcome feedback on any aspect of the service that we provide as well as suggestions as to how we can further improve. Please send any comments to DPEA@gov.scot.

Stakeholders Forum

Our Stakeholders Forum continued to meet this year to allow us to share experiences and provide us with constructive feedback on our performance and to make suggestions for improvement of the service that we offer. The Group covered a wide range of issues including end of year statistics, DPEA budgets, staffing, resources, community participation in public inquiries, planning modernisation, further written submissions cases, standard planning conditions, DPEA training, IT systems and discussing the advantages and disadvantages of in-person/hybrid/virtual meetings and inquiries.

Stakeholders Forum Members

• Association for the Protection of Rural Scotland (APRS)
• Balerno Community Trust and South West Communities Forum
• CBI
• Heads of Planning
• Historics Events Scotland
• Homes for Scotland
• Law Society of Scotland
• NatureScot
• Planning Aid Scotland
• Planning Democracy
• Royal Incorporation of Architects in Scotland
• Royal Institute of Chartered Surveyors
• RSPB and Scottish Environment Link
• RTPI Scotland
• Scotland Against Spin
• Scottish Environment Link
• Scottish Planning, Local Government and Environmental Law Bar Group
• Scottish Property Federation
• Scottish Renewables
• SEPA
• Sir Frank Mears Associates & Association of Mediators
• Sustainable Communities Scotland

Staff Engagement

Over the year our staff were invited to take part in a civil service wide staff survey that asked questions on leadership and managing change, their work, their line manager, pay and benefits, resources and workload, learning and development. Organisational objectives and purpose, inclusion and fair treatment and their team. Overall, the results showed a significant improvement from 2022 to 2023. From the results we will give particular focus to learning and development and the wellbeing of all staff.

Learning And Development

Regarding the professional development of reporters, we have held hybrid seminars at which external and in-house speakers give talks on planning policy, legislative reform and new issues for our casework. In addition to many matters raised through live casework other topics have included the community asset transfer appeals; Edinburgh World Heritage Site; the work of Environmental Standards Scotland; and the Onshore Wind Sector Deal. Reporters are divided into four discussion groups, each of which is led by a Principal Reporter and provides a forum for reporters to discuss problems or difficulties, to consult with colleagues, to identify best practice and to promote consistency.

The Principal Reporters act as professional mentors for more junior reporters and offer advice on procedure and best practice. We also have a system of peer review where a small group of reporters meet to critique their work. The purpose is to enable reporters to exchange constructive criticism on a confidential basis, to benefit from the experience of other colleagues, to resolve problems and again to share best practice.

In suitable cases a junior reporter is paired with a more senior colleague to gain experience of working on more complex cases. This enables a sharing of the burden on complex cases, and more importantly has been invaluable in training less-experienced reporters to undertake more significant casework, particularly those that proceed by hearing or inquiry. This has again especially been the case in the last year in relation to Section 36 Electricity Act cases.

Our system of Specialist Advisers continues to operate where reporters take responsibility for a specific area of our work and feedback to the group on issues arising as well as providing advice about their area of specialism. These subjects include aquaculture; development economics; ecology; energy from waste; flooding; human rights; national park/rural issues; noise; and ornithology.

Requests For Information

Over the year we responded to 44 requests for information under the Environmental Information Regulations. These requests are often of a statistical nature or for case specific information. We also responded to over 100 pieces of correspondence sent directly to Scottish Ministers.

Complaints

Over the year, we received ten formal complaints regarding our work – up from eight in 2022 to 2023. The complaints centred around decisions and reports and one complaint related to an inquiry that we were unable to webcast – on this case we apologised and confirmed that we will try and webcast wherever possible but, on this occasion, we did not have the resources to do so.

Where there is a complaint about an administrative error or some other failure in the service, we provide we try to ensure that this is investigated promptly, that an apology is given where our service falls short of acceptable standards and that appropriate remedial action is taken to ensure that this does not happen again. We try to resolve complaints informally in the first instance, but a customer may elect to pursue a complaint on a more formal basis, in which case the procedure in our Complaints Policy applies.

If the complaint is about the outcome of an appeal, then we explain that the decision of the reporter is final and cannot be revoked or reviewed by DPEA or by Ministers. Customers are, however, made aware of their statutory right to appeal to the Court of Session on a point of law.

Finance

DPEA Expenditure and Income

• Salaries - £3,749,985
• Self-Employed Reporter Fees - £279,344
• Travel and Subsistence - £73,987
• Administration - £111,743
• Venue Hire - £10,246
• Advertising - £8,272
• Legal Services - £13,821
• IT Development - £27,645
• Total - £4,275,043
• Income* - £373,526

*This income, which is earned from the examination of local development plans, is not retained by DPEA.