Scottish Government

Last year's casework

Volume of cases

The Directorate processed 1,220 cases to decision in the course of the year, a slight increase on previous years. In addition, work was undertaken on a further 149 cases of which 97 were eventually withdrawn and 52 were temporarily suspended at the request of the parties as at 31 March 2006.

Table 1: Volume of cases

* Including appeal and non-appeal cases and 166 wayleave applications associated with the Beauly - Denny electricity transmission line.
* Including appeal and non-appeal cases.

Types of cases received

The Directorate saw an increase in the number of appeals received of more than 6% from last year. Within that, there was an increase in both planning permission and planning enforcement appeals. The large number of wayleave applications associated with the proposed Beauly-Denny electricity transmission line are the cause of the substantial increase in the "Other Non-Appeal" category.

Table 2: Types of cases received

* Includes marine fish and shellfish farms; electricity and energy proposals; flood prevention schemes; nature conservation orders; Beauly-Denny wayleaves etc

The pie chart below illustrates the various types of case which have been dealt with during the year. Percentages shown are approximate and have been rounded up.

Table 3a: Trend of planning permission appeals received during the last 5 years

The number of planning permission appeal cases continues to increase as demonstrated in the graph below. There were also some notable changes in the types of development involved. Householder developments increased from 285 to 364 but telecommunication appeals decreased from 100 to 67.

Table 3b: Breakdown of planning permission appeals

Method of determination and success rates

Table 4a shows the method of determination of cases and the success rates for different categories. Success in these tables is generally defined as a favourable outcome for the appellant or applicant, in that an appeal is allowed, an application is permitted, or an order is confirmed. The Directorate handled a slightly larger number of cases through to determination (1,201 up from 1,184). The overall success rate was 39% (the same as 2005-2006). Table 4b indicates the success rates for delegated appeals within individual planning authorities. Although the overall success rate was 38% in the last year, there is marked variation across the country.

Table 4a: Success rates by method of determination and type of case

* Includes marine fish and shellfish farms; electricity proposals; flood prevention schemes; nature conservation orders etc
** Includes administrative and no jurisdiction decisions.

Table 4b: Success rates for delegated appeals by Planning Authority

* Includes administration and no jurisdiction decisions.

Major inquiries

In addition to many small-scale but individually important cases, the following were the subject of major or controversial planning appeal and call-in inquiries during the year:

• Residential developments at Hopecroft and Kirkton of Skene, Aberdeen; Liberton Drive and Baberton Loan, Edinburgh; Charleston Harbour, Dunfermline; Muttonhall, Kirkcaldy; Netherbarns, Galashiels; and Argyle Street, Glasgow.
• Windfarm developments at Calliachar, Perth; Griffin Forest, near Aberfeldy; Clashindarroch, near Huntly; Kyle, near Dalmellington; Harestanes, Dumfries and Galloway; Upper Clyde, South Lanarkshire; Toddleburn, Lauder; Auchterarder, Dunning and Glenfarg, Perthshire; and Crook of Devon, Kinross
• Retail developments at South Harbour Road, Fraserburgh; Loop Road, Stonehaven; and Duchlage Road, Crieff.
• Floodlit turf track at Musselburgh Racecourse; and sports complex at Deveron Terrace, Banff.
• Pumping station at Lochgilphead, Argyll and new prison at Low Moss, Bishopbriggs.

In addition, an inquiry was held into the Port of Cairnryan Harbour Empowerment Order and three reporters began the inquiry into the Beauly to Denny overhead electricity transmission line.

Average cost per case

The slight increase in the cost per case this year can be accounted for by year on year inflation; a slight reduction in the number of cases processed; but an increase in the complexity of the public local inquiries we deal with as highlighted above. Although the number of public local inquiries and hearings is lower than last year, the cases dealt with took up a greater proportion of reporters' time. More sophisticated statistical analysis of case costs, for example of the costs of individual inquiries, is hampered by the nature of the information held on the Directorate's current Case Handling System. The introduction of a new Case Management System, which will provide more sophisticated analysis, is anticipated but delivery is delayed by factors outwith the Directorate's control.

Table 5: Cost of casework

Local plans

A breakdown of local plan inquiries for 2006-07 together with the total workload is shown below. Although Table 2 indicates that 5 local plans were received in 2006-07, the inquiries into a further 4 commenced before 1 April 2005 and continued into this reporting period. For 2007-2008, the indications are that planning authorities again expect a very large proportion of the Directorate's resources to be available for commitment to a programme of local plan inquiries. These demands must be balanced against the workload arising from planning appeals, planning call-ins and the wide range of other essential casework detailed in Table 4a. We have been notified of 5 local plan inquiries that we expect to start in the year 2007/2008.

Table 6: Local Plan Inquiries

Claims for award of expenses

During this year 133 claims for awards of expenses were made, 3 less than in the previous year (136). The overall success rate was 25% compared to 28% last year. The objective tests for deciding whether the behaviour of any party has been unreasonable and thus has led to unnecessary expense remain those set out in SODD Circular 6/1990.

Table 7: Expenses claims

Court of Session challenges

The number of Court of Session challenges this year was slightly higher than in previous years. We have continued to meet the target that no more than 1% of all delegated appeals, as determined by reporters, should be the subject either of successful Court challenge or undefended if challenged.

Table 8: Court of Session Challenges