Directorate for Planning and Environmental Appeals

1. Directorate for Planning and Environmental Appeals Jill Moody November 2013

2. Who we are in DPEA Why reporters What we do How we work

3. DPEA is… • Part of core Scottish Government • But distinct and independent from other parts • Main role: - organise and conduct appeals and examinations on behalf of Scottish Ministers - Reporters (not DPEA) make decisions on most cases, and recommendations on others

4. Our Values To provide a high quality, efficient and effective service that embraces openness, fairness and impartiality. Our Objectives To reach sound decisions and recommendations. To carry out our business better, faster and 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.

5. Why reporters • Section 47 of Planning Act: where an authority refuses an application the applicant may appeal to the Scottish Ministers • Schedule 4: the Scottish Ministers may prescribe classes of appeals which are to be determined by a person appointed by the Scottish Ministers • Name ‘reporter’ came about because that’s generally what we do

6. Reporters Chief Reporter, 2 Assistant Chief Reporters 14 salaried, 21 self employed Appointed individually and personally to cases Completely independent and objective, exercising their own judgement Mostly planners, but also some lawyers and architects Ex private and public sector

7. Administration Team 26 employees Case workers, specialised case workers, development plan team, scanning team, finance/IT team Main point of contact and all office based

8. DPEA: our work Around 600 cases per year Planning and related appeals Called in applications/recalled appeals CPOs; energy consents; roads and transport orders, wayleaves Development plan examinations Environmental appeals Core Path Plans Electricity consent applications

9. Types of appeal • 2011-2012 • Planning type cases 580 • Development plan examinations 7 • Other (e.g. electricity related cases) 20 • 2012-2013 • Planning type cases 633 • Development plan examinations 4 • Other 28

10. How we work • Town and Country planning (Scotland) Act 1997 (as amended) • Town and Country Planning (Appeals) (Scotland) Regulations 2008 • Town and Country Planning (Development Planning) Regulations 2008 • Modernised appeals process – culture has changed a lot

11. How we work • ‘One shot’ grounds of appeal • Decision on whether more information is needed and how to be obtained taken by reporters • No longer right to be heard • Procedure notice likely

12. How we work • Quasi judicial • Principles of natural justice • Applies policy doesn’t make it • Balancing weight to be given to various issues • Codes of Practice, guidance • Section 25 test

13. Process choices • Options are : • no further procedure • site inspection • further evidence in writing • hearing session • inquiry session • Any combination of the above • Default to simplest that will resolve the issues in dispute • Essential judgement is for reporter • Guidance on DPEA web site

14. Hearing sessions • structured but informal round table discussion of specified matters • led by Reporter • for matters which need to be explored further, but testing by cross-examination unnecessary • inquisitorial, rather than adversarial

15. Inquiry sessions • more formal examination of specified matters • similar to, but not the same as standard court procedures • for complex, perhaps technical issues • adversarial and inquisitorial elements • parties may call evidence, cross-examine witnesses and make closing submissions • witnesses provide precognitions (2000 word limit)

16. Determining the appeal • Section 25 – development plan and other material considerations • identify relevant provisions of LDP and decide if proposal accords with these • other statutory tests, including conservation areas, listed buildings • identify and balance material considerations for and against

17. Material considerations • always looked at in the context of the public interest • must serve or be related to the purpose of planning • relate to the development or use of land • fairly or reasonably relate to the particular application or appeal

18. Material considerations Generally include: • Scottish and other government planning policy • national park plans • draft development plans or other policies • views of consultees and objectors • design, amenity, safety and environmental impacts • legitimate public opinion May also include diversity or health

19. Material considerations Are not: • simple weight of public opinion • public opinion not related to relevant planning issues • property values • loss of a view • moral issues • matters properly controlled by other legislation

20. ‘Success’ rate

22. Development plan examinations • Planning Act: sections 12 (SDP) and 19 (LDP) • ‘..where representations timeously made were not taken account of in modifications …and have not been withdrawn...Ministers are to appoint a person to examine the plan..’ • Examination is to assess broad issues raised, not individual representations

23. Examination process Teams of reporters Generally 6 to 9 months ‘Schedule 4’ forms and supporting documents Reporter decides whether and how further information should be sought on any issue Best to state full case at outset Reporter recommendations generally binding

24. How to appeal to reporters • Prepare thoroughly, early and well • Ensure your case is robust, coherent and consistent • Consider and understand the opposing case • Follow instructions and answer the question asked • Meet deadlines and be on time • Don’t be afraid to ask DPEA for advice

25. Further information at www.scotland.gov.uk/dpea