Section 15 — Manner in which applications for planning permission are dealt with etc

Part of Planning etc (Scotland) Bill: Stage 3 – in the Scottish Parliament at 10:15 am on 16 November 2006.

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Photo of Pauline McNeill Pauline McNeill Labour 10:15, 16 November 2006

Overall, the bill is a good one. It promises to address issues in the planning system that frustrate businesses, commerce and communities, which all have frustrations with the system. However, the bill does not fully address the issues of fair balance of representation between applicants and those who are affected by development—the people in local communities.

The community right of notification is both fair and simple and will help to provide balance. Nothing in the bill allows any objectors or community groups to challenge any decision. However, developers and applicants have the right of appeal and the right of judicial review, because they are the ones who usually have the resources to do it. Communities that want to use judicial review do not tend to have sufficient resources, even though they might have good grounds to do so.

The community right of notification is a modest proposal. I point out to Euan Robson that it is a trigger to notify ministers to let them consider whether the decision needs to be examined again. I do not know that it really matters who triggers the process, but the right would exist. It would be the only part of the planning system in which community bodies would have a trigger to enable Scottish ministers to examine the issues. That would restore the balance of fairness.

In some cases, there are arguments over the development plan and how it is interpreted. The plan is the basis of the system. Planning authorities will tend to interpret the development plan in their own favour, and they will be judge and jury. The problem is that communities see local authorities as having an interest in building development. The question whether two-storey or four-storey buildings are built matters to communities, and of course the applicant has a vested interest in the buildings being higher. Communities also have an interest if 100 extra cars are being brought into their community. Therefore, it is vital that we provide a mechanism for communities to trigger the process.

Even if the Executive had conceded that community objectors would be advised of outcomes when it is already looking at applications, that would have been symbolic of the place that was given to MSPs and objectors in the system. That concession would have been helpful. I urge members to support amendment 123.