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The views expressed in this paper are those of the researcher and do not necessarily reflect those of the Scottish Executive Development Department or the Scottish Ministers.
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ACKNOWLEDGEMENTEXECUTIVE SUMMARYCHAPTER ONE: INTRODUCTION Background Project objectives Research methods Structure of the report CHAPTER 2. THE CONSULTATION EXERCISE Distribution arrangements Stakeholder groups Response rates Comments on the consultation exercise CHAPTER 3. GENERAL ISSUES RELATING TO PUBLIC LOCAL INQUIRIES ARISING OUT OF THE RESPONSESCHAPTER 4. BUILDING ON THE STRENGTHS OF WHAT IS DONE NOW Question 1: Focus of improvements to the inquiry process Question 2: Renaming public local inquiries Question 3: Qualifying the right to an inquiry CHAPTER 5. IMPROVEMENTS THAT COULD BE MADE BEFORE THE APPEAL INQUIRY STARTS Question 4: Requiring local authorities to indicate how they would have decided an application in a non-determination appeal Question 5: Rejecting incomplete appeals Question 6: Reducing the period for producing statements of case Question 7: Other ways of shortening the pre-inquiry stages Question 8: Requiring those intending to give oral evidence to register Question 9: Pre-inquiry process does not give sufficient time for preparation Question 10: Scottish Ministers giving guidance on issues to be addressed in inquiry Question 11: Scottish Ministers indicating material to be considered to identify areas of agreement and disagreement Question 12: Time limiting sisted appeals Question 13: Recovery of costs where appeal withdrawn or appeal party fails to proceed CHAPTER 6. IMPROVEMENTS THAT COULD BE MADE ONCE THE PLANNING INQUIRY HAS STARTED Question 14: Ruling out preliminary argument at the start of an inquiry Question 15: Programming time more rigorously in advance at inquiries Question 16: Setting a more inquisitorial role for reporters Question 17: Importing hearings procedure to inquiries CHAPTER 7. IMPROVEMENTS IN PROCEDURE AFTER THE PLANNING INQUIRY HAS CLOSED AND PLANNING INQUIRIES AND DEVELOPMENT PLANS Question 18: Restricting scope for taking into account new material after close of inquiry Question 19: Use of hearings format to examine objections to strategic development plans Question 20: Local Plan Inquiries: requiring negotiation & mediation to reduce volume of objections & using hearings format Question 21: Separating appeals & called-in applications from development plan inquiries CHAPTER 8. ISSUES RAISED BY THE CONSULTATION PAPER WHICH WERE NOT THE SUBJECT OF A SPECIFIC QUESTIONCHAPTER 9. OTHER ISSUES RAISED BY RESPONDENTS (Question 22)CHAPTER 10. RESOURCE IMPLICATIONSCHAPTER 11. CONCLUSIONSAPPENDIX 1. CONSULTATION QUESTIONSAPPENDIX 2. LIST OF RESPONDENTS TABLES 2.1 Definition of stakeholder categories2.2 Consultation response rates by stakeholder category2.3 Responses to questions by stakeholder category4.1 Views on appropriate focus of improvements to public local inquiry system4.2 Views on whether public local inquiries should be renamed planning inquiries4.3 Views on whether the right to a public local inquiry should be further qualified4.4 Views on the various proposed options for qualifying right to an inquiry5.1 Views on whether in appeals against non-determination the planning authority should be required to indicate its position within 2 weeks of appeal being lodged5.2 Views on whether incomplete appeals should be rejected and returned to the appellant5.3 Views on whether the present maximum period for producing full statements of case should be reduced5.4 Views on whether parties intending to give oral evidence at inquiries should be required to register in advance5.5 Views on whether current rules do not allow sufficient time for preparation5.6 Views on whether the Scottish Ministers should give more guidance on the essential issues they want addressed5.7 Views on whether the Scottish Ministers should indicate material to be considered by main parties to identify areas of agreement/disagreement5.8 Views on whether the Scottish Ministers should set a time limit on sisted appeals5.9 Views on whether the Scottish Ministers should exercise their powers to recover costs where an appeal party fails to proceed or withdraws appeal after inquiry has been arranged6.1 Views on whether preliminary argument should be ruled out at the opening of an inquiry6.2 Views on whether the planning inquiry should be programmed more rigorously in advance6.3 Views on whether the Scottish Ministers should set a more inquisitorial role for reporters6.4 Views on whether the hearings procedure should be imported to planning inquiries6.5 Views on whether this enhanced role for the hearings procedure suggested that statutory rules are required7.1 Views on whether ability to take into account new material after close of inquiry should be restricted to changes in the development plan7.2 Views on whether the hearings format represented a suitable means of examining objections to strategic development plans7.3 Overall views on whether local plan inquiry (LPI) system would be improved (i) by requiring planning authorities to reduce volume of objections through negotiation and mediation before calling LPI; (ii) by adopting the hearings format as the norm for all LPIs; and (iii) by applying other relevant improvements contained in the consultation paper7.4 Views on whether local plan inquiry (LPI) system would be improved by requiring planning authorities to reduce volume of objections through negotiation and mediation before calling LPI7.5 Views on whether local plan inquiry (LPI) system would be improved by adopting the hearings format as the norm for all LPIs7.6 Views on whether local plan inquiry (LPI) system would be improved by applying other relevant improvements contained in the consultation paper7.7 Views on whether inquiries into appeals and called-in applications should be separated from LPIs and public examination of objections into strategic and local development plans
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