campaign issues
Who has the rights?
Every day people in communities across Scotland are frustrated
by inequality in the planning system, and their inability to appeal a
decision, while developers have that right.
Thousands of people have petitioned the Scottish Parliament appealing for their concerns to be heard on planning decisions, but the Scottish Executive has not altered the system. Recently the planning system has been under review and a new Planning etc. (Scotland) Bill is currently being considered by the Scottish Parliament. If passed, the bill will constitute a major overhaul of the current planning system.
A government consultation on one aspect of the legislation, whether third parties (individuals, communities and other groups) should have rights to appeal, finished on 30th July last year. This consultation was undertaken to inform decisions about how the system might change. The consultation concluded that an 86% majority of respondents were in favour of the modest ask of a limited right of appeal for third parties Check out the consultation responses.
The Planning etc. (Scotland) Bill was introduced to the Scottish Parliament on the 19th December 2005. According to the policy memorandum, one of the primary aims of the bill is to ‘strengthen the involvement of local communities’, but the bill as a whole does not reflect this, offering some new and untested consultation opportunities but few actual rights.
Despite overwhelming backing of third party right of appeal by those
who responded to the government’s consultation, the Executive has
rejected these proposals in the final bill.
Instead of establishing real rights for people in an accessible planning
system, new proposals outlined in the Planning White Paper could actually
reduce people’s rights.
It not only rejects a limited Right of Appeal for third parties, it also
proposes a National Planning Framework which would take national strategic
decisions on major projects – for example, where landfill sites,
pylon lines, motorways or wind farms should go.
As proposed, you would be unable to appeal a decision, because decisions
would be taken at the national level and would not be open to public
challenge or public inquiry. Even your elected representatives, at the
regional and perhaps the national level too, may struggle to have any
means of challenging decisions made in this document.
Scottish Environment
LINK and everyone are
working hard to convince MSPs that communities need to have real rights
in planning to ensure that
the planning system is fair and just for everyone.
The facts: why are more rights needed?
In our land use planning system, developers have more rights than those who may live next door to the proposed developments. Where there is an application for development, everybody has a right to object. If the application fails – the developer has a right to appeal. If it is approved – everyone else does not.
What could this mean to you? Imagine a landfill site or sewage works
is proposed next door to your home. You can object, and you may join
with
others in your community to set up a group that will oppose this development.
If the proposal for the landfill site is rejected because of your
objections,
the developer can appeal the decision and may still get it approved.
If the landfill site is approved, you have no rights to appeal.
If the Council is going to make money out the development, say from selling the land and they approve the development– you can still not appeal. If the proposal goes against the proposals for such developments for your area in the local plan – you can still not appeal. If the decision goes against the professional recommendation of the Council officials, you cannot appeal. If it is going to have serious environmental implications in your area, you cannot appeal on these grounds either.
everyone is campaigning for people to have a right to appeal on decisions that fall into these categories. It is a modest proposal for real rights in the system.
Instead of establishing real rights for people in an accessible planning system, new proposals outlined in the Planning White Paper could actually reduce peoples’ rights. A National Planning Framework would take decisions on the need for national projects – for example, where landfill sites should go.This would mean that there would be no opportunities to object to national developments unless it related to small details like the colour of the buildings or the fence. Even your elected representatives, at the regional and perhaps the national level too, may struggle to have any means of challenging decisions made in this document. If the public are able to challenge the contents of the National Planning Framework then it could be the basis for making important and necessary decisions which are open and transparent.
Giving third parties a right of appeal would not threaten good development, it would encourage better proposals and more consultation before applications are submitted. It should give Local Authorities an incentive to keep development plans up to date.
Essentially, introducing a limited third party right of appeal as part of a package of reforms to the whole planning system, rather than bolting it on to the current system, should not slow down the process.
When should there be third party rights of appeal?
The four cases where it has been proposed that third parties should be
given the right to appeal are:
1. where the local authority has an interest;
2. where the application is contrary to the development plan;
3. where the decision goes against planning officers recommendation;
4. where an Environmental Impact Assessment is needed.
The more people say they want real rights as part of an overhaul to the whole system – not as a bolt on to the existing system - the more chance there is of it happening.
If you want to tell other people about this issue, you could email them the link [www.everyonecan.org] to this website, print out the briefing on planning here or download a script to help you make a presentation to your local community group.
Where can I get more information on these issues?
Government Documents
The Planning etc. (Scotland) Bill
The Scottish Executive Planning White Paper
The responses to the Scottish Executive consultation on Rights of appeal in planning
The Scottish Executive Planning Pages
Scottish Environment LINK information
View the latest bill briefing from LINK
10 myths about Third Party Rights of Appeal (TPRA), Briefing from the LINK Planning Task Force
View all the latest Scottish Environment LINK planning papers
The Association of the Scottish Community Councils website
other campaigns
Cut Climate Change
European elections campaign
everyone prepared briefings on 12 key topics in the run-up to the 2004 European Elections. These briefings and other information related to the campaign or on the European Campain page.
must do it campaign
Briefings and other information related to our must do it campaign, launched in the run-up to the May 2003 Scottish Parliament elections are on our must do it campaign page.