LAST CHANCE TO SPEAK OUT FOR FAIRER PLANNING RULES

26 July 2004

A consultation could result in reforms that give communities a greater influence on planning decisions is due to end on 30 July. A local group is joining calls to urge the public to have their say on the planning system and is drawing attention to a blatant bias in the appeals system, whereby developers have the right to appeal a planning decision but communities and individuals do not. A Third Party Right of Appeal (TPRA) could correct this unfairness and has been recommended under certain circumstances by a Royal Commission.

Advocates of TPRA argue the simple existence of the right would mean that developers would have to pay more attention to the views of local residents in pre-application consultations, which in turn would lead to better quality planning applications and decisions. They also point out that Third Party Right of Appeal already works well in many other countries, such as the Republic of Ireland.

A spokesperson for the Badenoch and Strathspey Conservation Group Gus Jones commented “many people see a step towards giving communities and individuals equal rights to appeal against a planning decision as developers now enjoy as a long overdue reform. We consider TPRA would help to increase public participation and improve standards of planning applications, so everyone would benefit. It is time we recognized the true costs of the current system that unfairly favours developers.”

The implications of appeals that only developers are entitled to make is a factor that it is often considered colours planning decisions. At Milton Wood, Aviemore for example, members of the community have suggested that a reason for the National Park Authority and Board deciding to go against a call-in for the proposed housing development reflects unwillingness to become embroiled in a costly public inquiry that might ensue after refusal of the application.

The right of appeal now widely proposed would apply to applications which are a departure from the development plan, where the local authority has an interest in the development, where the application is a major development requiring an environmental impact assessment, and where planning officers have recommended refusal. The local conservation group have also indicated that they support proposals that would cut deadlines for all appeals to 28 days, rather than the 6 months currently allowed to developers.

Referring to the closing date for responses on the planning reform consultation the group spokesperson said “we are urging everyone to write a letter or email in response to the governments consultation on widening the right to appeal by 30 July. Many people feel strongly on this, but may be unaware that now is the time to communicate their views”.

Further information on the subject is available on the website of the everyone initiative www.everyonecan.org . BSCG is a member of everyone that brings together, a group of 26 Scottish environmental charities who are campaigning for Third Party Right of Appeal. Letters can be sent to Rights of appeal in planning, Scottish Executive Development Department, Victoria Quay, Edinburgh EH6 6QQ and emails to rightsofappeal@scotland.gsi.gov.uk .

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For further information please contact Gus Jones t/f 01479 821491

Notes For Editors

Shelter Scotland have commented

“We see the case for a limited TPRA with protection for defined groups of vulnerable people, as part of a package of reform by which the planning system becomes more responsive to social needs”

Duncan McLaren of Friends of the Earth Scotland has stated “Scotland’s planning system is legalistic, intimidating, unfair and heavily skewed in favour of developers….There needs to be quality in the planning system, and limited third party rights of appeal is crucial to achieving this goal. The only possible alternative would be to remove the developer’s right of appeal.”

The Royal Commission on Environmental Pollution stated “We recommend that third parties should have a right of appeal against decisions on planning applications in certain circumstances”