Directorate for Planning and Environmental Appeals

Jill Moody

November 2013

Who we are in DPEA

Why reporters

What we do

How we work

• 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

DPEA is…

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.

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

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

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

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

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

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

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

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

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

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

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)

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

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

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

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

‘Success’ rate

Procedure Target(weeks)

Number Performance Average (weeks)

No further procedure

8 4 100% 7

Site inspection

12 315 94% 10.5

Further submissions

20 100 89% 16.2

Hearing session

26 8 38% 27

Inquiry session

32 4 75% 45.6

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

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

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

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