The Scottish Government

Circular 1/1996

The Chief Executive
Regional and Islands Councils
District Councils
(except in Highland, Borders and Dumfries and Galloway Regions)

Our Ref: PGB/5/3

The Chief Executive
Shadow Local Authorities

2 February 1996

Dear Sir/Madam

LOCAL PLAN INQUIRIES: LOCAL PLAN SERVICE STANDARDS

1. I enclose a copy of a new Local Plan Service Standards document which sets out the standards of service which authorities may expect when appointing a Reporter to conduct a local plan inquiry. The document, which has been prepared in consultation with the Convention of Scottish Local Authorities, provides a basis for good co-ordination between the Reporter and the planning authority. It should be read in conjunction with the Structure and Local Plans (Scotland) Regulations 1983 and the Code of Practice for Local Plan Inquiries.

2. In response to future requests for a Reporter's services to conduct an inquiry, The Scottish Office Inquiry Reporters Unit will send a copy of the document to the requesting authority. This will be done at the same time as the Unit offers a list of candidates for the appointment. Authorities are asked to comply with the arrangements set out in the document to ensure the smooth running of the whole inquiry process.

3. Enquiries about the content of this Circular should be addressed to Mr Ian Mitchell, 2-H32, Victoria Quay, Edinburgh, EH6 6QQ (Telephone 0131-244-7062). Further copies and a list of planning Circulars may be obtained from Miss Kelly Wood at the same address (Telephone 0131-244-7066).

Yours faithfully

M T AFFOLTER

THE SCOTTISH OFFICE DEVELOPMENT DEPARTMENT

THE SCOTTISH OFFICE INQUIRY REPORTERS UNIT

LOCAL PLAN SERVICE STANDARDS

Introduction

1. Preparation of local plans is the responsibility of individual planning authorities. Where objections to a plan are received The Scottish Office Inquiry Reporters Unit will provide an independent Reporter to conduct a public inquiry. The report resulting from the inquiry is submitted to the authority for their consideration.

2. The purpose of this statement is to set out objectives for service standards for the employment of Reporters for this purpose, and to provide a basis for good co-ordination between the Reporter and the planning authority. The statement is to be read in conjunction with the Structure and Local Plans (Scotland) Regulations 1983 and the Code of Practice for Local Plan Inquiries which provides a more detailed guide to good practice in making the arrangements for and running local plan inquiries. It should be noted that the above regulations make no requirements for procedure during the inquiry. Responsibility for compliance with all other aspects of the regulations concerning the arrangements for the inquiry and the consideration of the subsequent report lies with the planning authority.

3. Planning authorities are asked to co-operate with the Reporter to achieve the objectives set out in this statement and in the Code of Practice.

Preliminary Stages

4. Planning authorities are asked to give as much advance notice as possible of the likely need for a local plan inquiry, even if the timing and duration of the inquiry is uncertain. The Chief Reporter's office maintains a record of planning authorities' intentions for local plan work. Planning authorities are asked to keep the Chief Reporter informed of their intentions, including major slippage or changes, so that SOIRU's forward work programmes can be adjusted.

5. When it is reasonably clear when the finalised plan will go on deposit for objections, the planning authority should notify the Unit, formally requesting the services of a Reporter and indicating the likely starting month for the inquiry. To allow adequate time for committee procedures and pre-inquiry arrangements, advance notice of at least 6 months is advisable, particularly in the case of larger inquiries. The provisional arrangements can be abandoned if no objections are lodged, or deferred if necessary.

Inquiry Reporters Unit - Action

6. The Unit will confirm the name of the member of the SOIRU staff who will act as a contact point, and will provide a list of at least 3 Reporters from which the planning authority can select a Reporter to conduct the inquiry. If none of those listed are available for the preferred start date of the inquiry, their subsequent availability will be indicated. The planning authority should give written notice of their choice of Reporter. Thereafter, the arrangements for the inquiry will be a matter principally for the planning authority, in consultation with the Reporter.

Planning Authority - Action

7. The planning authority should:

• nominate a member of their staff to act as programme officer and co-ordinator for the inquiry, with effect from the time when the Reporter has been selected and instructed. This should be a person who has not been directly involved in the preparation of the local plan, and will be the sole point of contact with the planning authority for the Reporter until the report is submitted. The Reporter will supply the programme officer with a contact phone and fax number. This should not be disclosed to objectors or other parties to the inquiry in view of the Reporter's quasi-judicial role;

• provide the Reporter with copies of the final draft form of the plan as placed on deposit, and all representations;

• compile a register of objections, individually numbered, and grouped according to topics, indicating which of the objectors wish to be heard at inquiry;

• prepare a provisional programme and suggested timetable for the inquiry;

• arrange and meet the costs of hiring accommodation for the inquiry;

• advertise the date, time and location of the inquiry.

Pre-inquiry Meetings

8. The need for such meetings should be decided by the Reporter in consultation with the programme officer. Such meetings are desirable where an inquiry is likely to cover several topics of objection in order to draw up and publicise a suitable timetable.

Reporter's Costs

9. SOIRU will confirm the standard daily amount which will be charged for the services of the Reporter for each day the Reporter spends on work associated with an inquiry, including preparation, any pre-inquiry meeting, site inspection and writing the report, plus travel and subsistence expenses (in accordance with Civil Service rules). It is the responsibility of the planning authority to estimate the total costs involved, taking into account their estimated timetable for the inquiry, and to make financial provisions for this. The Unit will notify local authorities of any changes to the standard daily amount at least 28 days before they are brought into effect. Once the report has been completed the Unit will submit an invoice to the planning authority. Claims for travel and subsistence expenses will be submitted by the Reporter direct to the planning authority as and when these are incurred.

Producing the Report

10. Prior to the inquiry, the Reporter will agree the format of the report required by the planning authority, and the general level of detail to be contained in the summaries of proceedings. The report will normally include, for each item, a short description explaining what is in dispute, a brief summary of the main points covered in the evidence (not necessarily attributed to individual objectors), and the Reporter's conclusions and recommendations on each matter.

11. At the end of the inquiry the Reporter will inform the planning authority of the target date for delivery of the final report. If, due to unforeseen problems, it is necessary to extend this date the Reporter will inform the planning authority at the earliest possible opportunity, and will agree a revised target date. Under normal circumstances the reporting period will be 3 days for every day of the inquiry, plus time for objections proceeding by written submissions.

12. The planning authority will be supplied with 3 bound copies of the report, together with a loose set of master pages for further copying purposes.

The Scottish Office Development Department
January 1996