Many practitioners are not fans of the short decision letters used by Scottish Government reporters. The Inner House of the Court of Session has upheld a decision letter that was only 14 paragraphs long (ironically taking 20 paragraphs to do so!): “it is perfectly clear from a reading of the decision letter which findings and conclusions the Reporter reached and why she reached them”.
The developers’ frustration is understandable. All those months of work ended in just 14 paragraphs. Even more galling, since the planning officer had recommended approval.
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It certainly was extremely frustrating to say the least. The Inner House decision leaves us no further forward. In addition, the DPEA decision also raises the question as to when a scheme meets all the tests and requirements laid out in policy/ SPG etc and was as you say recommended for approval a Reporter can still refuse it under a somewhat unquantifiable concept of ‘ overbearing impact’ while at the same time being explicit in saying that all the tests are met and there is no adverse impact on the New Town Conservation Area. We’re left somewhat high and dry – not to mention that the council sold the site to my client in the first place – with a brief for resi in place. The other key points in the decision were in relation to timescales and that council’s can do as they wish and are let off the hook; and the right to be heard – which as we know doesn’t exist. Progress in a modernised planning system?