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Options For Change
15.0 REASONS FOR DECISIONS
Proposal: Planning authorities should give reasons for approving an application.
Source: Getting Invovled in Planning, Consultation Paper, SEDD, 2001, para.84; Analysis of Consultation Responses; White Paper, Your place, your plan, 2003, para.114-115; and Planning Green Paper, 2001, para.5.60;
Present position: Article 22(1) of the Town and Country Planning (General Development Procedure) (Scotland) Order 1992 requires reasons to be given for the imposition of conditions on a grant of planning permission or for the refusal of planning permission. In addition, reg.21(1) of the Environmental Impact Assessment (Scotland) Regulations 1999 requires planning authorities to give the main reasons for their decision on an EIA application, including a decision to grant planning permission.
Implementation: An amendment would be required to the General Development Procedure Order.
Discussion:
- presumably the reasons could be attached to the planning consent which is available for public inspection in the planning register.
- the giving of reasons is in line with the move towards more open and accountable decision-making.
- these reasons could be important in the event of the introduction of third party appeals (see below). The reasons will need to identify particular policies or material considerations which prompted the grant.
- the giving of reasons for a grant of planning permission may assist parties seeking to challenge the validity of the decision; but then, if the reasons demonstrate that the decision is ultra vires, it is difficult to argue that that is inappropriate.
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