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

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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

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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.

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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

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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

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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

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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.

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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.

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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.

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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

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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