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Planning and Environmental Appeals Division (DPEA)
Annual Review
2019-20
June 2020
TABLE OF CONTENTS
MINISTERIAL FOREWORD ___________________________________________ 1
CHIEF REPORTER’S STATEMENT ______________________________________ 3
WHAT WE DO ____________________________________________________ 5
Our aims and values ___________________________________________________ 5
Our objectives ________________________________________________________ 6
WHO WE ARE ____________________________________________________ 7
HOW WE WORK ___________________________________________________ 8
Websites and electronic submissions of appeals ______________________________ 8
Webcasting __________________________________________________________ 9
Electronic Working _____________________________________________________ 9
WHAT WE HAVE ACHIEVED _________________________________________ 10
Planning and other appeals _____________________________________________ 10
Development plan examinations _________________________________________ 13
Other casework ______________________________________________________ 15
court of session APPEALS _______________________________________________ 18
Customer feedback ___________________________________________________ 18
Stakeholders forum ___________________________________________________ 18
Staff engagement ____________________________________________________ 19
Learning and development _____________________________________________ 19
Complaints __________________________________________________________ 20
OUR PRIORITIES FOR THE COMING YEAR _____________________________ 22
Business improvement objectives/service improvement plan 2019/20 ____________ 22
Business improvement objectives/service improvement plan 2020/21 ____________ 22
APPENDIX A _____________________________________________________ 24
STATISTICS ON WORKLOAD AND PERFORMANCE AGAINST TARGETS ____________ 24
Table 1: Volume of cases* handled by DPEA ________________________________ 24
Table 2: Types of cases received _________________________________________ 25
Table 3: Breakdown of cases received by their characteristics __________________ 26
Table 4A: Appeal cases success rates by method of determination ______________ 28
Table 4B: Non-appeal cases success rates by method of determination ___________ 29
Table 5: Success rates for delegated appeals by planning authority ______________ 30
Table 6A: Development plan examinations completed ________________________ 31
TABLE OF CONTENTS
Table 6B: Development plan examinations in hand or completed after the end of March
___________________________________________________________________ 31
Table 7: Expenses claims _______________________________________________ 32
Table 8: Performance against our targets __________________________________ 32
APPENDIX B _____________________________________________________ 33
DPEA ORGANISATIONAL CHART _________________________________________ 33
APPENDIX C _____________________________________________________ 34
DPEA REPORTERS EMPLOYED OR CONTRACTED 2019/20 ______________________ 34
Scottish Government
Planning and Environmental Appeals Division
https://www.gov.scot/policies/planning-environmental-appeals
http://www.dpea.scotland.gov.uk
Twitter: @DPEAScotland
Tel: 0300 244 6668
Email: dpea@gov.scot
Address: 4 The Courtyard, Callendar Business Park, Falkirk, FK1 1XR
Cover picture: Glasgow Queen Street Station
© Crown copyright 2020
You may re-use this information (excluding logos and images) free of charge in any format or medium, under
the terms of the Open Government Licence. To view this licence, visit
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Where we have identified any third party copyright information you will need to obtain permission from the
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Published by the Scottish Government, June 2020
DPEA Review of the Year 2019/20 P a g e | 1
MINISTERIAL FOREWORD
I welcome this latest DPEA annual review
covering the 2019-20 business year – a year
which started with us crossing the finishing
line of our marathon Planning Bill process,
which saw wide engagement get underway
on Scotland’s fourth National Planning
Framework, and which ended with us all
adjusting our lives and our work through the
impacts of the global COVID-19 health crisis.
Events of the last few months have brought massive change for everyone, across so
many aspects of daily life. Those who work within the Scottish planning system have
such a vital role in the collective effort needed to support our communities and
businesses towards our future societal and economic recovery. Some of our initial
work was about just keeping planning’s wheels turning while operating under the
restrictions caused by the need for physical distancing. But increasingly the role of
planning in responding to longer-term challenges, needs and opportunities has
become even clearer; reinforcing the need for our evolving planning system to lead
and facilitate the investment and delivery of high-quality developments for our people
and our places.
Immediate responses were needed, including temporary changes to remove some
blockages in the legislation. It also meant people involved in planning finding different
ways to do the job – different ways to engage, to collaborate and to make decisions.
Scotland’s planning authorities have had to adjust their processes to progress plans
and to keep the flow of applications through to decision as best they can. I am
delighted that DPEA has done likewise to progress its caseload, adapting a role which
normally involves substantial travel and face-to-face contact.
These recent experiences have encouraged people to embrace the digital solutions
that enable remote working and are helping us continue to operate services and
businesses. There are no doubt some valuable lessons in all of this that we can build
upon within our reformed, collaborative, more responsive and digitally enabled
planning system.
Planning, and Scotland’s planning services, must continue to rise to the challenges
and the opportunities that lie ahead as we move towards recovery. I remain grateful
for the high quality work of the DPEA over this last year and the steps that have been
DPEA Review of the Year 2019/20 P a g e | 2
taken to focus on improving performance, and latterly in evolving positively to
maintain reliable and good quality services through these difficult times.
Kevin Stewart
Minister for Local Government, Housing and Planning
June 2020
DPEA Review of the Year 2019/20 P a g e | 3
CHIEF REPORTER’S STATEMENT
As I write my third introduction to the DPEA Annual Review, while still in Covid lockdown but with restrictions lifting, I reflect on how much all of our worlds have changed in just a few short – or indeed long feeling – weeks. The world we recognised of public inquiries or hearings in draughty village halls and accompanied site visits to brown field sites or high hedges seems a very long way away. We are now more used to the intricacies of conference calls and trying to remember to unmute before speaking.
What the so-called “new normal” will look like is a matter for the future, as is whether it will change forever how we conduct the business of planning appeals. What, if anything, will return to what it was very much remains to be seen. But this review does look back over another year of the business of DPEA, up to the end of our reporting year at 31 March. In looking back, I should first wish to pay tribute to two of my colleagues who have held the role of Chief Reporter. Firstly I would wish to record my thanks and gratitude to Karen Heywood who stepped up and into the role as Interim Chief Reporter while I was required to act – for over a year – as Head of the Government Legal Service for Scotland. Karen never sought that role but conducted herself with dignity and skill in leading DPEA in that period. Secondly, I would wish in this report to acknowledge the contribution to the work of DPEA (and its various previous manifestations) of Richard Hickman, Chief Reporter from 1997 to 2002 and who after a spell as a self-employed reporter stood down as a Reporter in April. Richard has been an enormously important and influential Reporter and I will miss his mature wisdom and quiet words of support to me in my current role. The year passed remained a period of great change and evolution, albeit nothing compared to what followed. We saw the passing of the 2019 Planning (Scotland) Act and are working with SG colleagues in Planning and Architecture Division (PAD) towards implementation of the Act in various ways that impact on the work of DPEA. We anticipate that reforms in the way the provisions creating an LDP Gatecheck will change the character of a DPEA examination of an LDP and are working with PAD on the detail of how a DPEA feeing regime for planning appeals would operate, if Ministers decide to proceed with it after the consultation on the proposal in principle which closed in February.
DPEA Review of the Year 2019/20 P a g e | 4
Though some well-respected Reporters (in addition to Richard) retired – Dannie Onn, Don Rankin and John Martin – we recruited 5 new Reporters to our employed Reporters ranks. All of these changes have allowed us to start to look carefully at the way in which we work and give scope to address how DPEA can look forward in improving its efficiency and effectiveness in a range of ways, to further build the reputation of the planning system in Scotland. As we look towards that new post-Covid norm, planning – and the planning appeal system – has an important, indeed vital, role to play. That new world will have new areas of work for us too as, through the Transport (Scotland) Act 2019, we acquired examination powers, if appointed so to do, in respect of low emission zone schemes and workplace parking levy schemes. The past year had landmarks of a different nature for DPEA too – the first dismissal of an appeal (using section 48(8) of the 1997 Act) in effect for want of prosecution; the first Court of Session challenge to a decision of a Reporter in a High Hedge Notice Appeal; and our first reports to Ministers in relation to Community Asset Transfer Schemes under the Community Empowerment (Scotland) Act 2015. Other business continued too – key Reports have been submitted to Ministers in relation to controversial golf course development proposed at Coul Links in Caithness, four section 36 wind farm applications and in relation to proposals affecting the former Royal High School in Edinburgh. Decisions or reports were issued in relation to 46 housing appeals (of 10 units or more). DPEA reported to Ministers in the course of the year in relation to eight LDP examinations. I remain hugely indebted to the skills and professionalism of all of our Reporters and the invaluable case support team, without whose dedication and commitment, these achievements would simply not have been possible.
Paul Cackette
Chief Reporter
DPEA Review of the Year 2019/20 P a g e | 5
WHAT WE DO
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. In 2019/20
DPEA received 601 cases. This is a decrease of 109 cases from 2018/19 but shows
an increase from both 2016/17 and 2017/18.
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, consents to display
advertisements and storage of hazardous substances. DPEA also deals with appeals
from decisions made by the Scottish Environment Protection Agency 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 strategic and local
development plans, public local inquiries held in connection with applications for
consent under the Electricity Act 1989, Transport and Works Act 2007 and
compulsory purchase and other orders.
Through our practical knowledge and experience of the appeals system, we continue
to provide input to the PAD in taking forward planning reform, designed to further
improve the planning system.
OUR AIMS AND VALUES
DPEA aims to embody the core values of the planning service in Scotland as set out
in Scottish Planning Policy (2014) which include:
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
DPEA Review of the Year 2019/20 P a g e | 6
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
DPEA Review of the Year 2019/20 P a g e | 7
WHO WE ARE
DPEA’s senior management team is made up of the Chief Reporter, Paul Cackette;
the three Assistant Chief Reporters, Scott Ferrie, Karen Heywood and Dan Jackman;
the Head of Performance and Administration, David Henderson; and the Principal
Reporters, David Buylla, Allison Coard, David Liddell and David Russell. David
Russell retired at the start of April 2019. Claire Milne and Robert Seaton have been
newly appointed as Principal Reporters.
In May 2018 Paul Cackette moved on a temporary basis to fill the post of Solicitor to
the Scottish Government. Karen Heywood was appointed Interim Chief Reporter in
Paul's absence. Paul returned to the role of Chief Reporter in the middle of June
2019.
Our administrative staff are based in our office in Falkirk and are divided into a
number of groups and teams including specialised caseworkers, caseworkers, the
development plan team and the IT/finance team. Our organisational chart at
Appendix B shows our management and administrative structure.
Our reporters are listed at Appendix C. Although they are home based they are in
regular contact with members of the casework support team and work closely with
them. Reporters have a variety of professional backgrounds: most are planners but
some are architects and others are lawyers.
Further recruitment of reporters was undertaken and four new reporters Alison
Kirkwood, Rosie Leven, Gordon Reid and Stuart West, have started in the course of
the year. Dannie Onn retired as a salaried reporter and Richard Hickman, Don
Rankin, Dilwyn Thomas and John Martin have left the panel of self-employed
reporters.
DPEA Review of the Year 2019/20 P a g e | 8
HOW WE WORK
Under the procedures that apply to planning appeals it is the reporter who decides
what procedure, if any, is necessary once the grounds of appeal, response by the
planning authority and representations by interested parties have been received. For
this reason it is our practice to allocate appeals at an early stage. The reporter
considers the submissions made by the various parties to the appeal and decides
whether any further procedure is necessary. If a site inspection is to take place the
reporter decides whether this will take place on an accompanied or unaccompanied
basis. In more complex cases a pre-examination meeting may be held before the
reporter takes a final view on how the appeal should be conducted. If hearing or
inquiry sessions are needed these will normally be restricted to the issues or matters
specified by the reporter.
Each appeal has a dedicated caseworker who is responsible for the management of
the appeal documentation, issues letters on behalf of the reporter, and acts as a point
of contact for parties to the appeal.
Development plan examinations are supported by a specialist development plan
team. Our practice is to appoint a lead reporter who has overall responsibility for the
conduct of the examination. Depending on the number of unresolved representations
one or more additional reporters may be appointed to assist with the examination.
WEBSITES AND ELECTRONIC SUBMISSIONS OF APPEALS
For information about the work of DPEA, forms for submitting appeals, guidance on
procedure, previous annual reviews, how to contact us, how to make a complaint or
let us have feedback please go to our planning and environmental appeals pages on
the Scottish Government website. Forms and guidance for submitting appeals are
also available at mygov.scot.
We publish the vast majority of documentation for all cases that we handle on our
dedicated website, www.dpea.scotland.gov.uk, and all documentation in live appeals
is available on the site. The aim of the website is to increase openness and improve
the transparency of the appeals process. All papers that are in front of the decision
maker are available for all parties or members of the public to view via this website.
Usage of the site has continued to increase since its introduction in 2009.
There is also a registered users option on the website that gives access to the DPEA
Portal which works in much the same way but also allows users to set up alerts for
new cases, new documents, new decisions etc. Please refer to our guides on how to
use the website and the DPEA Portal, our case file publication protocol, and our
policy on publication and data protection.
DPEA Review of the Year 2019/20 P a g e | 9
This year the proportion of appeals submitted electronically, either through the online
eDevelopment portal or by email was 86%, a very slight increase in the previous year
of 1%.
WEBCASTING
The webcasting of hearings and inquiries throughout Scotland has continued in
2019/20. We have increased the resource applied to webcasting and continued to
receive positive feedback both in respect of the benefits this delivers and useful
suggestions as to how we can improve this service.
We have provided 45 Webcasts covering 14 cases. The inquiries into the proposed
A9 development between Killiecrankie and Glen Garry, Pauls Hill 2 Windfarm and
Crystal Rig Windfarm were the most watched. We have had 13,133 visitors to the
site who collectively watched 2008 hours of webcasts. 800 people were able to watch
live webcasts of inquiries and hearings as they happened.
In March, we rapidly developed and implemented a successful strategy to ensure
public hearings and inquires as well as webcasting of meetings could continue during
the Covid-19 outbreak.
We continue to encounter problems in certain locations in terms of broadband
connections but are continuing to look at steps we can take to deal with this issue.
ELECTRONIC WORKING
It is now the norm rather than the exception that reporters will conduct hearings and
inquiries electronically rather than using paper files. Feedback from reporters in this
regard continues to be positive. We will continue to look at ways to ensure that
parties attending hearing or inquiry sessions can better follow the proceedings.
DPEA Review of the Year 2019/20 P a g e | 10
WHAT WE HAVE ACHIEVED
Recruitment to reporter roles within DPEA has resulted in overall improvement in our
performance against targets. In 2019/20 we have seen an improvement in
performance with 82% of appeals being decided within the target compared with 74%
in 2018/19. Overall, the average time taken to decide an appeal in 2019/20 was 15.4
weeks. DPEA targets are calculated from the date of receipt of a valid appeal.
We continue to recognise that to improve the quality and speed of our decision
making we need to increase our focus on continuous improvement and enhance the
support systems we have in place for all reporters to broaden and deepen their skills.
Following comments regarding last year’s Annual Review in relation to the number of
appeals received that were turned away as no remit, primarily because the appeal
should have been to the local review body, DPEA carried out a review of such cases.
In the vast majority instances these were appeals submitted through the
eDevelopment system. DPEA has requested that changes be made to the system to
provide greater clarity to appellants submitting an appeal in this way. We will
continue to monitor this situation.
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.
Prior to planning reform, appeals based upon a consideration of the appeal papers
and a site inspection took an average of 18 weeks. In 2019/20 we have decided 90%
of appeals by initial written submissions and a site inspection within the 12 week
target, compared with 82% in 2018/19 and 72% in 2017/18. The overall average time
of 11 weeks for deciding appeals following this procedure compares with an average
time of 11.6 weeks in 2018/19 and 12.6 weeks in 2017/18. In more complex appeals
in which the reporter asked for further written submissions, the 20 week target was
met in 73% of cases with an average time of 20.7 weeks to determine appeals of this
type, compared with 61% and 23 weeks in 2018/19 and 67% and 21.4 weeks
respectively in 2017/18.
As can be seen from the table below appeals involving residential developments over
10 units have formed a substantial part of our planning appeals work over the course
of the year.
DPEA Review of the Year 2019/20 P a g e | 11
A high proportion of complex cases, mainly Roads Orders, Compulsory Purchase
Orders, Section 36 applications and residential development appeals, have continued
to contribute to the problem of allocating cases to reporters. We have not achieved
our targets for cases conducted by hearing session (26 weeks) or inquiry session (32
weeks). The number of these cases is small: 10 cases out of 369. Go to
performance against our targets for more information.
Our stakeholder forum provides us with constructive feedback on our performance,
our business improvements, how they see the new Planning Act impacting on the
work of DPEA and e-development in the wider planning system. We have continued
to hold meetings with planning authorities to look at ways to try and improve our
methods of working together.
We have dealt with a wide range of appeals about significant development proposals
including:
RESIDENTIAL DEVELOPMENTS OVER 10 UNITS
LOCATION HOUSES/FLATS DECISION
Aberdour 85 Appeal Allowed
Armadale 15 Appeal Dismissed
Bathgate 190 Appeal Allowed
Bishopbriggs 53 Appeal Dismissed
Bridge of Weir 45 Appeal Dismissed
Broughty Ferry 150 Appeal Allowed
Cambusbarron, Stirling 38 Appeal Allowed
Cleland 100 Appeal Dismissed
Cowie, Stirling 67 Appeal Allowed
Crossford, Fife 200 Appeal Allowed
Dalkeith 20 Appeal Dismissed
Dirleton 32 Appeal Allowed
Dundee 62 Appeal Allowed
Edinburgh (30 Corstorphine Road) 32 Appeal Dismissed
Edinburgh (37 Corstorphine Road) 20 Appeal Dismissed
Edinburgh (Calton Road) 24 Appeal Dismissed
Edinburgh (Gorgie Road) 248 Appeal Allowed
Edinburgh (King's Stables Road) 12 Appeal Allowed
Edinburgh (Lanark Road.) 15 Appeal Allowed
Edinburgh (Leith Walk) 524 Appeal Dismissed
Edinburgh (Turnhouse) 1400 Appeal Allowed
Elgin 26 Appeal Allowed
Falkirk (Maddiston) 90 Appeal Allowed
Falkirk (Reddingmuirhead) 200 Appeal Dismissed
Forres 12 Appeal Dismissed
Galashiels 69 Appeal Allowed
Gartcosh 42 Appeal Allowed
DPEA Review of the Year 2019/20 P a g e | 12
Holytown 61 Appeal Allowed
Inchture, Perth 66 Appeal Dismissed
Kirkcaldy 152 Appeal Dismissed
Larbert 60 Appeal Allowed
Laurencekirk 247 Appeal Allowed
Linlithgow (Clarendon Farm) 120 Appeal Dismissed
Linlithgow (Edinburgh Road) 48 Appeal Allowed
Newtonhill 121 Appeal Allowed
Paisley 37 Appeal Allowed
Peebles (March Steet Mills) 69 Appeal Dismissed
Peebles (Tweedbridge Court) 40 Appeal Dismissed
Pitskelly, Carnoustie 260 Appeal Dismissed
Prestonpans 26 Appeal Allowed
Stepps 200 Appeal Dismissed
Stirling (Raploch) 48 Appeal Allowed
Symington, Kilmarnock 50 Appeal Dismissed
Tarves, Ellon 113 Appeal Allowed
Tranent 116 Appeal Dismissed
West Kilbride 50 Appeal Dismissed
We now publish weekly statistics on all developments with 10 or more houses.
WIND FARM DEVELOPMENTS (TWO OR MORE TURBINES)
LOCATION TURBINES DECISION
Clachaig Glen 14 Appeal Allowed
Ardtaraig 7 Appeal Dismissed
Heriot 7 Appeal Dismissed
Whitslaid (Barrel Law) 7 Appeal Dismissed
Carsphairn 10 Appeal Dismissed
Glenshimmeroch Hill and Kilnair Hill 10 Appeal Allowed
Cornharrow 11 Appeal Dismissed
Dell Estate 14 Appeal Allowed
West Helmsdale 5 Appeal Dismissed
Costa Head 4 Appeal Allowed
Hesta Head 5 Appeal Allowed
Statistics on all wind turbine appeal decisions are published on our website.
Other notable appeals decided in this year include:
As in 2018/19 a number of enforcement notice appeals relating to short stay
commercial visitor accommodation
A hotel in St Andrews
Waste to energy at Invergordon
A Boatel development at the Union Canal, Edinburgh
DPEA Review of the Year 2019/20 P a g e | 13
Drive through restaurants in Dalkeith
A salmon farming site in Orkney
A quarry in Biggar
Recalled Appeals
Reports were submitted to Scottish Ministers in three appeals that were recalled by
Ministers.
APPEAL REPORTS SUBMITTED TO SCOTTISH MINISTERS
LOCATION PROPOSED DEVELOPMENTS
Muasdale, Argyll 14 Wind turbines
Coatbridge Energy from Waste building
Bridge of Allan Residential Development
Since the end of the period this review covers reports have been submitted in
connection with the proposed development at the Old Royal High School in
Edinburgh.
Called In Planning And Listed Building Applications
Seven reports were submitted to Scottish Ministers relating to a largescale residential
and local centre development at Hermiston, Edinburgh; development of an 18 hole
golf course at Embo, Dornoch; extension to mineral extraction at Hyndford Quarry,
Lanark; relocation of Balavil Home Farm to land near Lynchat, Kingussie due to A9
dualling; two unrelated conversions of buildings to dwellings in Orkney and demolition
of a listed building in Banff.
Planning Obligation Appeals
Decision were issued in two planning obligation appeals – a reduction from 4
decisions in 2018/19, as shown in the table below.
DECISIONS ISSUED
AUTHORITY MODIFICATION SOUGHT DECISION
Falkirk Council Core Path contribution Appeal Dismissed
South Ayrshire Council Occupancy restriction Appeal Dismissed
DEVELOPMENT PLAN EXAMINATIONS
Scottish Planning Policy emphasises the importance of development plans being up
to date, place-based and enabling with a spatial strategy that is implemented through
policies and proposals. Circular 6/2013: Development Planning provides further
guidance on Ministers’ expectations in terms of moving swiftly from the main issues
DPEA Review of the Year 2019/20 P a g e | 14
report stage through to proposed plan, examination and adoption with a view to
ensuring that we have an up to date, plan led system.
Planning Circular 6/2013: Development Planning sets out Ministers’ expectations of
the examination process. Examinations should:
Ensure the process is understandable and transparent to the public;
Examine any unresolved issues raised in representations rather than responding to each individual representation;
Be succinct and proportionate. Scottish Ministers expect the process from appointment to reporting normally to take around six months, and rarely to exceed nine months;
Be focused on the reporter seeking out the information they feel they need to reach conclusions on the matters at hand. As the onus is on the planning authority and interested parties providing information in advance, further procedure will rarely be required and will be at the discretion of the reporter; and
Identify any deficiencies in the plan, arising from the examination of the unresolved issues, and recommend modifications to rectify these or, where this is not possible within the constraints of the examination, identify post-adoption actions to rectify the deficiency.
The Circular provides further guidance, at paragraphs 121 to 123, on the approach
that reporters should take in the event of their identifying a deficiency in the plan.
Eight LDP examinations were completed in 2019/20. Modifications were
recommended in relation to all proposed plans, ranging from minor modifications to
conclusions regarding deficiency or non-compliance with national policy. Further
details are given in table 6A.
The examinations were completed in an average of 30.5 weeks which is significantly
within the target of 9 months (39 weeks) referred to in Circular 6/2013. This
compares with an average time of 41 weeks in 2018/19 and 45 weeks in 2017/18.
Three examinations are ongoing at the moment and in a further two cases the reports
have been submitted after the period of this review. Eight further plans are due to be
submitted for examination before the end of 2020 and a further eight plans in 2021. It
is likely, therefore, that in the medium term development plan examinations will
continue to form a substantial part of our work.
We continue to seek continuous improvement in this area of our work, learning
lessons from previous examinations and actively reviewing procedures and practices
DPEA Review of the Year 2019/20 P a g e | 15
in dealing with development plan examinations. A review was undertaken of
Development Plan examinations and the results in terms of the time taken to carry out
examinations in this area of work is encouraging. DPEA hopes to build on this next
year and beyond.
To support that, we encourage those authorities that are in the process of preparing a
proposed development plan to engage with us at an early stage. This should be
before the proposed plan is published, in order to discuss the resources that are likely
to be required to support the examination process. This is important because, once
the proposed plan is published, there is limited scope to make significant
modifications to it without republishing and inviting a further round of representations.
In 2018/19 we started to liaise earlier and more regularly during the plan preparation
stage and we have continued to build on this in 2019/20. Schedule 4 forms should be
accompanied by the evidence upon which the planning authority relies in support of
its position, including any documentation referred to in the response to
representations. Some issues, such as housing land supply, may need to be
addressed in greater detail than allowed for in the Schedule 4 form. It is possible for
the authorities, and other parties when submitting representations on the plan, to
submit supporting documentation such as reports or technical papers. Authorities will
also want to ensure that sufficient time is factored into their timetable for the
administrative task of pulling their examination material together.
We work closely with authorities in the period leading up to submission of the plan for
examination. If we are to complete examinations within the timescales set out in the
circular it is essential that authorities provide accurate timescales of when the plan will
be submitted. We have previously tried to line reporters up for examinations in order
that work can commence as soon as possible after it has been submitted. However,
slippage in submission of plans has resulted in reporters not being allocated to a plan
until it is actually received. As reporters workloads are scheduled up to six months in
advance this has meant delays to the examination commencing with a knock on
impact on the time taken to complete the examination.
OTHER CASEWORK
DPEA deals with a wide variety of non-planning casework including inquiries held
under the Electricity Act, the Transport and Works Act and inquiries into Roads
Orders and Compulsory Purchase Orders. 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. Examinations concerning various Roads Orders and
Compulsory Purchase Orders relating to the A9 and A96 proposals have continued to
place heavy demand on DPEA’s resources in the course of 2019/20.
DPEA Review of the Year 2019/20 P a g e | 16
Under the Transport (Scotland) Act 2019, the functions of examination of low
emission zone schemes and workplace parking levy schemes, potentially by DPEA,
were introduced. Furthermore, appeals to DPEA are proposed in relation to Deposit
Return Schemes, once commenced.
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 reports were submitted to Ministers on four applications for wind farms, a
decrease from nine in 2018/19. These were Golticlay near Wick; Killean in Kintyre;
Harryburn near Elavanfoot and Windy Standard 3 near Carsphairn. We are currently
considering a further seven Section 36 applications for wind farms as below:
ELECTRICITY ACT APPLICATIONS
DPEA REFERENCE PLANNING AUTHORITY PROPOSED WIND FARM
WIN-130-4 Argyll and Bute Council Blarghour
WIN-140-8 Scottish Borders Council Crystal Rig IV
WIN-170-2004 Dumfries and Galloway Council North Lowther
WIN-270-11 Highland Council Glenshero
WIN-300-4 Moray Council Clash Gour
WIN-300-5 Moray Council Rothes III
WIN-370-2 South Ayrshire Council Arcleoch
This year we submitted a report to Ministers on 15 applications for a necessary
wayleave.
Compulsory Purchase Orders
Four reports were submitted relating to compulsory purchase orders, these were for
the A9 Pitlochry to Killiecrankie; A9 Tomatin to Moy; the A9 and A889 Dalwhinnie to
Crubenmore and the A96 Inverness to Nairn improvement schemes.
Other Orders and Reports
Ten roads order reports relating to the above improvement schemes were also
submitted as were another three in regard to the extinguishment of public rights of
way associated with three of them.
DPEA Review of the Year 2019/20 P a g e | 17
Roads order reports regarding the redetermination of means of exercise of public right
of passage for two areas of Edinburgh were also submitted to Ministers as was a
report on a traffic regulation order regarding the establishment of a segregated
cycleway on the A8 and surrounding streets in Edinburgh.
Two reports on stopping up orders relating to the A96 Kenmay Road, Port
Elphinstone and ones for core path stopping up and diversion orders at Starling Way,
Bellshill and Panholes, Blackford were submitted.
Two reports for flood protection schemes were submitted: Whitesands, Dumfries and
Galloway; Caol and Lochyside, Highland. As was one for a public path diversion
order at Pitmain Estate, Kingussie; and one for a tree enforcement appeal at
Carrbridge, Highland.
Environmental Appeals
In 2019/20 we made five decisions on environmental appeals. Two were related to
refusals of applications for waste management licences: Crosshills Quarry, Alness;
and Neil Street, Renfrew. The others related to: an application to vary an
authorisation for a sewage treatment solution at Pencaitland; replacement of an
existing sewer connection at Stromness; and a notice of variation served to restrict
soil treatment at Avondale Landfill, Polmont.
High Hedges
We made 19 decisions in 2019/20 on cases dealt with under the High Hedges
(Scotland) Act 2013. This year also saw the first Court of Session High Hedges
challenge.
In considering these numbers of decisions, it should be recalled that multiple appeals
are possible. Not only does the owner of a high hedge notice have the right of appeal
but also neighbours who may consider that the remedial action specified in the notice
is not sufficient may appeal.
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 2019/20 we made one decision on a Building Designation Appeal relating to a
farmhouse in Auchterarder.
Community Asset Transfer Appeals
In 2019/20 we sent reports to Scottish Ministers on our first two Community Asset
Transfer Appeals for Market Place in Inverurie and land opposite Castle Bay
Community School, Isle of Barra. We have four other appeals of this type in
progress.
DPEA Review of the Year 2019/20 P a g e | 18
COURT OF SESSION APPEALS
The table below sets out cases appealed to, and decisions made by, the Court of
Session in 2019/20 in relation to appeals decided by reporters.
CASE REFERENCE
DATE REFERRED TO COURT OF
SESSION
COURT OF SESSION
OUTCOME DATE
COURT OF SESSION
OUTCOME
PPA-390-2060 13/09/2018 14/06/2019 Quashed
PPA-180-2056 31/10/2018 15/05/2019 Quashed
HHA-270-7 05/03/2019 27/02/2020 Upheld
PPA-140-2068 26/03/2019 25/06/2019 Quashed
ENA-230-2144 27/03/2019 25/07/2019 Withdrawn
ENA-190-2009 30/05/2019 24/04/2020 Upheld
ADD-260-11 31/05/2019 23/01/2020 Withdrawn
ENA-140-2013 07/06/2019 30/01/2020 Upheld
PPA-230-2253 10/09/2019 09/04/2020 Upheld
PPA-280-2027 11/09/2019 03/06/2020 Quashed
CLUD-390-2002 27/11/2019
PPA-360-2009 06/03/2020
PPA-320-2139 09/03/2020
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 met twice this year to give us constructive feedback on our
performance and to make suggestions for improvement of the service that we offer.
In our September meeting we reviewed the aim purpose and remit of the Group with a
view to making it more inclusive and productive in its work.
This included the development of a provisional remit for the Group, as follows-
“To provide a forum for those with an interest in the planning and environmental
appeal system to share and exchange views on matters of common interest relating
to planning and environmental appeals”.
DPEA Review of the Year 2019/20 P a g e | 19
The members of the Stakeholders Forum are representatives from:
STAKEHOLDERS FORUM MEMBERS
Scottish Property Federation
Homes for Scotland
CBI Scotland
Scottish Renewables Planning Group
Heads of Planning Scotland
Planning Aid Scotland
Planning Democracy
Royal Town Planning Institute Scotland
Royal Institute of Chartered Surveyors Scotland
Royal Incorporation of Architects in Scotland
Royal Society for the Protection of Birds
Scottish Planning, Local Government and Environmental Law Bar Group
The Society of Local Authority Solicitors
Scottish Environment Protection Agency
Historic Environment Scotland
Scottish Environment Link
The Law Society of Scotland
Scottish Natural Heritage
Scotland Against Spin
Balerno Community Trust and South West Edinburgh Communities Forum
The Royal Burgh of St Andrews Community Council
The Association for the Protection of Rural Scotland
Sustainable Communities Scotland
Sir Frank Mears Associates & Association of Mediators
STAFF ENGAGEMENT
In the course of 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 an improvement from 2018/19. We are continuing to look
at how we can improve on these results in the coming year.
LEARNING AND DEVELOPMENT
With regard to the professional development of reporters, we hold monthly seminars
at which external and in-house speakers give talks on planning policy, legislative
reform and new issues for our casework. The topics have included the Planning Act
and Planning reform, PAS, Scottish Forestry, Digital Planning and Low Emission
DPEA Review of the Year 2019/20 P a g e | 20
Zones. Reporters are divided into five discussion groups, each of which is led by a
Principal Reporter and part of the day is given over to a discussion of current cases
including any handling or procedural issues. This 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.
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 with regard to their area of specialism. These
subjects include aquaculture; development economics; ecology; energy from waste;
flooding; human rights; national park/rural issues; noise; and ornithology.
COMPLAINTS
In the course of the year we received 13 formal complaints regarding our work – up
from nine in 2018/19. The majority of the complaints were concerned with the
administration of appeals and other casework. 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.
A number of these complaints were progressed to a Stage 2 investigation which is
carried out by Scottish Government officials outwith DPEA. We continued to have
concerns over the time taken to deal with Stage 2 complaints. However resourcing
issues within the team who handle Stage 2 complaints have now been resolved and
decisions at Stage 2 have been issued in all cases progressed to this stage.
DPEA Review of the Year 2019/20 P a g e | 21
In the course of the year one complaint, that we are aware of, about our service has
been received and is currently being considered by the Scottish Public Services
Ombudsman.
DPEA Review of the Year 2019/20 P a g e | 22
OUR PRIORITIES FOR THE COMING YEAR
BUSINESS IMPROVEMENT OBJECTIVES/SERVICE IMPROVEMENT PLAN
2019/20
We have continued to focus on improvement of our services, to further improve the
quality of our decision making. Support for new reporters has been increased and we
have continued to pair less experienced with more experienced reporters in more
complex casework.
We have continued to embed business improvement policies designed to broaden
and deepen the skills of all reporters, with a particular emphasis on developing the
experience and competence of newer and newly appointed reporters. Reporter
learning and development seminars have been heavily focused on “job training”.
We have liaised with our sister organisations in England, Wales, North of Ireland and
the Republic of Ireland to share and implement best practice, specifically in relation to
the consultation on fees for planning appeals but also latterly on actions being taken
during the Covid-19 situation.
We have continued to take steps to improve our efficiency in meeting targets for
making decisions on appeals and other cases and improvements in this regard are
set out within this review. DPEA Guidance Note 23 was published in respect of
effectiveness and efficiency in relation to inquiries and hearings
We have started to work with PAD to plan for the implementation of the Planning Act.
We have continued our programme of meetings with councils to share and implement
best practice on appeals and other casework. The Chief Reporter has attended
meetings with East Ayrshire, Fife, Aberdeen and Shetland Islands Councils. We have
worked with the Improvement Service to develop and run appeals training for local
authorities, with 12 planning authorities attending a training event in Glasgow.
We have continued our programme of early engagement with planning authorities to
better facilitate the submission of local developments plans for examination.
We have made improvements to both internal and external IT systems.
BUSINESS IMPROVEMENT OBJECTIVES/SERVICE IMPROVEMENT PLAN 2020/21
With the aim of improving DPEA’s efficiency and effectiveness, in order to further enhance the reputation of the planning system in Scotland, we will continue to focus on improvement of our services. We will consult on ways in which we can encourage
DPEA Review of the Year 2019/20 P a g e | 23
enhanced participation in the appeals process and improve the quality of our decision making.
We will continue to embed business improvement policies designed to broaden and
deepen the skills of all reporters, with a particular emphasis on developing the
experience and competence of newer and newly appointed reporters.
We will liaise with our sister organisations in England, Wales, North of Ireland and the
Republic of Ireland to share and implement best practice in particular with regard to
delivering our services during the current Covid-19 situation.
We will continue to take steps to improve our efficiency in meeting targets for making
decisions on appeals and other cases.
We will review our practices during the current Covid-19 situation with a view to
ensuring that best practice enshrined in our delivery models, both during the current
pandemic and beyond.
We will continue to work with PAD to plan for the implementation of the Planning Act.
We will continue our programme of meetings with councils to share and implement
best practice on appeals and other casework. This will include continuing our work
with the Improvement Service to develop and deliver training to planning authorities.
The Chief Reporter will continue to offer and hold meetings with local authorities to
discuss the role of DPEA.
We will continue our programme of early engagement with planning authorities to
better facilitate the submission of local developments plans for examination.
We will further develop our IT systems.
DPEA Review of the Year 2019/20 P a g e | 24
APPENDIX A
STATISTICS ON WORKLOAD AND PERFORMANCE AGAINST TARGETS
TABLE 1: VOLUME OF CASES* HANDLED BY DPEA
VOLUME OF CASES HANDLED BY DPEA
BUSINESS
YEAR
IN HAND AT
START OF
THE YEAR
RECEIVED
DELEGATED
APPEALS
DECIDED
REPORTS
SUBMITTED WITHDRAWN
IN HAND
AT END OF
YEAR
2019-20 214 601 470 69 84 192
2018-19 217 710 586 40 87 214
2017-18 224 585 500 46 45 217
2016-17 213 549 443 50 45 224
2015-16 233 625 568 42 35 213
*Includes appeal and non-appeal cases
The total number of cases sisted/suspended as at 31 March 2020 was 32.
DPEA Review of the Year 2019/20 P a g e | 25
TABLE 2: TYPES OF CASES RECEIVED
TYPES OF CASES RECEIVED
TYPES OF CASE 2015-
2016
2016-
2017
2017-
2018
2018-
2019
2019-
2020
Planning permission appeals 296 250 238 291 227
Planning enforcement appeals 66 61 76 89 94
Conservation area consent, listed building consent & listed building enforcement
appeals
75 73 91 80 69
Advertisement consent, discontinuance
notice & advertisement enforcement appeals
57 50 55 73 51
High Hedge appeals 51 31 22 33 17
All other types of appeal 31 35 38 46 45
Subtotal: all types of appeals 576 500 520 612 503
Called-in application 2 0 3 2 1
Called-in conservation area consent - demolition
1 0 0 0 0
Called-in listed building consent - demolition 2 0 0 1 0
Completion Notice 0 0 0 0 1
Compulsory Purchase Order 5 2 4 8 10
Core Paths Plan 0 0 0 0 2
Extinguishment of Public Right of Way 0 0 1 3 2
Flood Prevention Scheme 0 1 2 1 0
Local Development Plan 9 5 4 6 6
Notification of direction 0 2 1 0 2
Notified application 2 3 0 5 6
Power Station 0 0 0 0 1
Public path creation/diversion/extinguishment order
1 0 1 1 0
Purchase Notice 0 1 2 0 1
Revocation order 1 2 0 0 0
Roads order 2 0 2 16 5
Section 36 Wind Farm 4 7 7 4 5
Section 36 Wind Farm & Section 37* 5 0 0 0 0
Section 37 Transmission line 0 0 1 0 0
Stopping up order 5 3 0 3 2
Strategic Development Plan 0 2 1 0 1
Traffic Regulation Order 1 1 1 5 1
Wayleave 9 20 35 43 52
Subtotal: all types of non-appeal cases 49 49 65 98 98
ALL CASES RECEIVED 625 549 585 710 601
* Note: this case type was split into those immediately above and below in 2016
DPEA Review of the Year 2019/20 P a g e | 26
TABLE 3: BREAKDOWN OF CASES RECEIVED BY THEIR CHARACTERISTICS
BREAKDOWN OF CASES RECEIVED BY THEIR CHARCTERISTICS
CHARACTERISTICS 2015-
2016
2016-
2017
2017-
2018
2018-
2019
2019-
2020
Advertisement 61 54 61 78 57
Agricultural 10 12 12 8 7
Animal (cattery, kennel, stable etc.) 5 2 6 7 5
Building Alterations (householder) 11 12 59 94 86
Building Alterations (non-householder) 60 68 49 28 20
Business 26 30 15 37 28
Car park 27 18 11 24 23
Caravan and Campsites 5 6 10 13 9
Cemetery/Religious Building 1 0 1 2 2
Chimney/Flue 4 3 4 4 4
Community Asset Transfer 0 0 0 2 4
Compulsory Purchase Order 5 2 3 6 7
Data Storage Facility 1 0 0 0 0
Demolition 32 20 21 14 15
Designation of Building/Monument 0 1 5 2 3
Development Plan (Local) 9 5 4 6 6
Development Plan (Strategic) 0 2 1 0 1
Dock/Harbour 0 0 0 0 1
Environmental Appeal 3 5 7 5 3
Fencing/Wall 27 23 21 29 30
Fish Farm 2 4 1 1 6
Flood Prevention Scheme 0 1 2 1 0
Hazardous Substance 0 0 1 0 1
Hedge 51 31 22 32 17
Holiday/Leisure 9 5 6 18 19
Hospital/Medical Centre 2 0 0 0 0
Hot Food Takeaway 12 3 10 9 8
Hotel/Visitor Accommodation 17 8 5 25 46
House in Multiple Occupation 6 7 4 1 8
Housing (10 or more houses) 56 50 44 59 55
Housing (more than one house) 26 27 28 21 22
Housing (single dwelling) 38 50 54 58 46
Hydro/Solar Power 1 3 0 0 2
Industrial 2 3 3 1 3
Landscaping 37 37 22 37 38
Leisure Facility/Ground 12 2 2 9 4
Meteorological/Anemometrical Mast 10 2 3 1 0
Mineral Extraction 3 4 5 3 0
DPEA Review of the Year 2019/20 P a g e | 27
Nursing/Care/Retirement Home 3 1 2 4 2
Other 12 15 29 23 5
Path 5 7 5 6 9
Petrol Station 2 2 0 3 4
Power Station/Energy from Waste 1 2 1 5 3
Recycling 0 3 0 1 1
Restaurant/Cafe/Licensed Premises 13 13 5 16 7
Retail (food) 7 13 3 5 10
Retail (non-food) 8 15 4 5 14
Road/Bridge 19 17 11 43 23
School/Educational 9 8 2 2 6
Shed/Garage 7 15 20 26 20
Storage (non-warehousing) 7 14 13 8 19
Substation/Transmission Line/Pipeline 1 1 1 1 2
Telecommunication 1 4 7 26 1
Traffic Regulation Order 1 1 1 5 1
Transport 1 1 1 3 2
Travelling Persons Site 0 3 2 0 1
Tree 13 7 8 16 10
Warehouse/Distribution 4 1 2 0 0
Waste Disposal 2 0 1 6 4
Water/Sewage 13 1 3 6 0
Wayleave 9 20 35 43 51
Wind Farm (offshore) 1 0 1 0 0
Wind Farm (two or more turbines) 47 26 21 17 12
Wind turbine (single) 32 4 5 2 1
Windows - Timber 3 8 7 4 6
Windows - UPVC 22 27 25 26 21
DPEA Review of the Year 2019/20 P a g e | 28
TABLE 4A: APPEAL CASES SUCCESS RATES BY METHOD OF DETERMINATION
APPEAL CASES SUCCESS RATES BY METHOD OF DETERMINATION
NUMBER DECIDED
CONSIDERED BY ORAL PROCESS
CONSIDERED BY SITE VISIT/REVIEW OF WRITTEN
SUBMISSIONS ALL CASES ALLOWED
Total Allowed Percentage Total Allowed Percentage Allowed Percentage
Delegate appeals
Planning permission 162 7 2 29% 155 66 43% 68 42%
Planning enforcement 59 2 1 50% 57 11 19% 12 20%
Conservation area consent, listed building consent and
listed building enforcement
56 0 - - 56 20 36% 20 36%
Advertisement consent,
discontinuance notice and advertisement enforcement
47 0 - - 47 13 28% 13 28%
High hedge 19 0 - - 19 8 42% 8 42%
All others 26 1 0 0% 25 10 40% 10 38%
All Delegated Appeals 369 10 3 30% 359 128 36% 131 36%
Non-delegated Appeals 7 2 2 100% 5 2 40% 4 57%
All Appeals 376* 12 5 42% 364 130 36% 135 36%
*In addition a further 109 appeals were turned away as we had no powers to determine them
DPEA Review of the Year 2019/20 P a g e | 29
TABLE 4B: NON-APPEAL CASES SUCCESS RATES BY METHOD OF DETERMINATION
NON-APPEAL CASES SUCCESS RATES BY METHOD OF DETERMINATION
CASE TYPES NUMBER DECIDED
CONSIDERED BY ORAL PROCESS
CONSIDERED BY SITE VISIT/REVIEW OF WRITTEN
SUBMISSIONS ALL CASES ALLOWED
Total Allowed Percentage Total Allowed Percentage Allowed Percentage
Called-in listed building consent - demolition
1 0 - - 1 0 0% 0 0%
Compulsory Purchase Order
3 2 2 100% 1 1 100% 3 100%
Extinguishment of Public
Right of Way 2 2 2 100% 0 - - 2 100%
Flood Prevention
Scheme 2 2 2 100% 0 - - 2 100%
Notification of direction 1 1 1 100% 0 - - 1 100%
Notified application 4 1 0 0% 3 1 33% 1 25%
Public path creation /
diversion / extinguishment order
1 1 1 100% 0 - - 1 100%
Roads order 8 6 6 100% 2 2 100% 8 100%
Section 36 Wind Farm 7 7 2 29% 0 - - 2 29%
Section 37 Transmission
line 1 1 1 100% 0 - - 1 100%
Stopping up order 2 2 2 100% 0 - - 2 100%
Wayleave 12 6 6 100% 6 6 100% 12 100%
Total: All Non-appeal
Cases 44 31 25 81% 13 10 77% 35 80%
DPEA Review of the Year 2019/20 P a g e |
30
TABLE 5: SUCCESS RATES FOR DELEGATED APPEALS BY PLANNING
AUTHORITY
SUCCESS RATES FOR DELEGATED APPEALS PLANNING AUTHORITY
PLANNING AUTHORITY APPEALS
DECIDED
APPEALS
ALLOWED
SUCCESS
RATE
Aberdeen City Council 17 7 41%
Aberdeenshire Council 15 8 53%
Angus Council 5 2 40%
Argyll and Bute Council 5 1 20%
Cairngorms National Park
Authority 1 0 0%
City of Edinburgh Council 81 25 31%
Dumfries and Galloway Council 6 1 17%
Dundee City Council 8 4 50%
East Ayrshire Council 1 1 100%
East Dunbartonshire Council 7 2 29%
East Lothian Council 7 3 43%
East Renfrewshire Council 3 1 33%
Falkirk Council 8 3 38%
Fife Council 24 13 54%
Glasgow City Council 47 14 30%
Highland Council 22 6 27%
Historic Environment Scotland 1 0 0%
Inverclyde Council 4 1 25%
Loch Lomond and the Trossachs
National Park Authority 1 0 0%
Midlothian Council 7 3 43%
Moray Council 5 2 40%
North Ayrshire Council 2 0 0%
North Lanarkshire Council 9 4 44%
Orkney Islands Council 3 3 100%
Perth and Kinross Council 17 4 24%
Renfrewshire Council 5 3 60%
Scottish Borders Council 11 2 18%
Shetland Islands Council 1 1 100%
South Ayrshire Council 12 2 17%
South Lanarkshire Council 10 5 50%
Stirling Council 7 7 100%
West Dunbartonshire Council 3 0 0%
West Lothian Council 14 3 21%
Total 369 131 36%
Note: if an authority is not listed above it means no delegated decisions have
been issued for sites within said authority’s area within the period.
DPEA Review of the Year 2019/20 P a g e |
31
TABLE 6A: DEVELOPMENT PLAN EXAMINATIONS COMPLETED
DEVELOPMENT PLAN EXAMINATIONS COMPLETED
DEVELOPMENT PLANS NUMBER OF REPORTERS
WEEKS TO COMPLETE
Proposed Dumfries And Galloway Local
Development Plan 3 30
Proposed East Ayrshire Minerals Plan 1 20
Proposed Falkirk Local Development Plan 2 4 26
Proposed West Highland And Islands Local Development Plan
3 44
Proposed Inverclyde Local Development Plan1 2 18
Proposed North Ayrshire Council Local Development Plan
4 34
Proposed Perth And Kinross Local Development
Plan 4 39
Proposed Aberdeen City & Shire Strategic
Development Plan 2 33
TABLE 6B: DEVELOPMENT PLAN EXAMINATIONS IN HAND OR COMPLETED
AFTER THE END OF MARCH
DEVELOPMENT PLAN EXAMINATIONS IN HAND/COMPLETED AFTER
31/03/19
DEVELOPMENT PLANS RECEIVED REPORT DATE
Proposed Renfrewshire Local Development Plan 2
31/01/2020
Cairngorms National Park Local Development Plan
23/09/2019
Proposed Moray Local Development Plan
2020 01/07/2019 19/05/2020
Proposed West Dunbartonshire Local
Development Plan 30/05/2019 22/04/2020
Proposed South Lanarkshire Local
Development Plan 2 25/04/2019
1 At the date of this Report, subject to Court challenge.
DPEA Review of the Year 2019/20 P a g e |
32
TABLE 7: EXPENSES CLAIMS
EXPENSES CLAIMS
NUMBER OF CLAIMS
SUCCESSFUL CLAIMS
By an authority against:
A main contact 2 0
By a main contact against:
An authority 33 10
By another party against:
A main contact 3 1
TABLE 8: PERFORMANCE AGAINST OUR TARGETS
PERFORMANCE AGAINST OUR TARGETS
PROCEDURE
TARGET NUMBER OF
WEEKS TO DETERMINE
NUMBER OF
APPEALS
PERFORMANCE AGAINST TARGETS
AVERAGE WEEKS
TAKEN TO DETERMINE
No Further Procedure 8 1 0% 12.1
Site Inspection 12 230 90% 11.0
Further Written
Submission 20
128 73% 20.7
Hearing 26 7 14% 40.4
Inquiry 32 3 0% 64.1
DPEA Review of the Year 2019/20 P a g e |
33
APPENDIX B
DPEA ORGANISATIONAL CHART
DPEA ORGANISATION CHART
SENIOR MANAGEMENT TEAM
Chief Reporter Paul Cackette
Assistant Chief
Reporters Scott Ferrie, Karen Heywood, Dan Jackman
Principal Reporters David Buylla, Allison Coard, David Liddell, Claire Milne, Robert
Seaton
Head of Performance and Administration David Henderson
Business Support Officer Diane Sinclair
CASE WORK SECTION CASE WORK AND DEVELOPMENT PLAN
SECTION
Section Managers Pauline Hendry Mandy McComiskie
Section Leaders Kelly Ross Scott Mackenzie Brian Archibald
Specialised Case Officers
Jane Robertson
Karen Cowie
Liz Kerr
Laura Walker
Smerah Akbar
Colin Bell
Case Officers Christine Brown
Chris Kennedy Marie Buchanan
Development Plan Administrators
Jayne Anderson
Morag Smith
WEBCASTING, IT DEVELOPMENT AND FINANCE SECTION
Information System and Business
Process Manager Carol Totten
Digital Co-ordination and Webcasting Officer
Euan Murray
IT & Webcasting Support Officer Graeme Mason
BCLO & Technical Support Officer Douglas Berry
Finance Officer Calum Henderson
Operational Improvement Officer Fiona Manson
DPEA Review of the Year 2019/20 P a g e |
34
APPENDIX C
DPEA REPORTERS EMPLOYED OR CONTRACTED 2019/20
DPEA REPORTERS
SALARIED REPORTERS SELF-EMPLOYED REPORTERS
Chief Reporter
Paul Cackette LLB(Hons) DipLP NP
Assistant Chief Reporters
Scott Ferrie MSc MRTPI
Karen Heywood BSc(Hons) MPhil MRTPI
Dan Jackman BA(Hons) MRTPI
Principal Reporters
David Buylla BA(Hons) MRTPI
Allison Coard MA MPhil MRTPI
David Liddell BA(Hons) MRTPI
Claire Milne BSc(Hons) DipTP MBA MRTPI
Robert Seaton MA(Hons) LLB DipLP
Other Salaried Reporters
Karen Black BA(Hons) MRTPI
Keith Bray BSc(Hons) MRTPI
Amanda Chisholm MEDes
Elspeth Cook BSc(Hons) MRTPI
Trudi Craggs LLB(Hons) DipLP
Trevor A Croft BSc DipTRP ARSGS FRSA MRTPI
Alasdair Edwards MA(Hons) MRTPI
Stephen Hall BA(Hons) BPI MRTPI
Alison Kirkwood BSc(Hons) MRTPI
Rosie Leven MA(Hons) MRTPI
Malcolm Mahony BA(Hons) MRTPI
Lorna McCallum MSc BSc(Hons) MRTPI
Dannie Onn BSc(Hons) Dip Arch RIBA IHBC
Gordon Reid BSc(Hons) MRTPI
Katrina Rice BSc DipTP MRTPI
Andrew Sikes BA(Hons) DipUD MRTPI
Nick Smith BSc(Hons) MRTPI
Christopher Warren BA(Hons) DipTP MRTPI
Stuart West BA (Hons) MSc MRTPI IHBC
Philip Barton MCD BA(Hons) MRTPI
Tim P W Brian BA(Hons) DipURP MRTPI
Sue Bell BSc MSc CEcol C ENV FCIEEM MCIWEM
Mike Croft MA DipTP MRTPI
Richard G Dent BA(Hons) DipTP
Steve Field BA MRTPI
Andrew Fleming BA(Hons) BTP MRTPI
Jo-Anne Garrick BSc(Hons) MTP(UC) MRTPI
Lance R Guilford DipTP MRTPI
Richard M Hickman CBE MA BA DipTP MRTPI
Rob Huntley BSc DipTP MRTPI
Sinéad Lynch BSc (Hons) MRTPI
John Martin RIBA MRTPI
Robert W Maslin BA DipTP MRTPI
Frances McChlery BA (Hons) LLB LARTPI
Chris Norman BSc(Hons) MRTPI
Don Rankin DipTCP MRTPI
Michael Shiel MA(Cantab) BPhil
Martin Seddon BSc MPhil DipTP MRTPI
Dilwyn Thomas BSc (Hons) MBA MRTPI
Recommended