The Scottish Government

Scope should be limited to railway, tram, guided busways and inland waterway (canal) developments.

Promoter

Q1 Are there any other transport works beyond rail, tram, guided busways and inland waterway developments that should be within scope and if so why?

Responsibility of promoter to consult and publicise proposals with relevant statutory and non-statutory bodies and affected parties.

Promoter Consultee: statutory bodies; non-statutory bodies and those directly affected by the development.

Q2 What reasons exist for lengthening or indeed shortening the 6 month minimum designated statutory pre-application period between the promoter publicising initial proposals and presenting an application for an Order to the Scottish Ministers?

Process that gives promoters a right to enter land for preliminary investigations. Possible certificate of fitness issued by the Scottish Ministers or the local planning authority - conditional on appropriate liability insurance and reasonable prospect of delivering proposal.

In absence of agreement between promoter and landowner, issue determined by the Scottish Ministers.

Promoter Consultee: statutory bodies; non-statutory bodies and those affected by the development

Q3 What process should apply to enable a promoter, without a statutory right, to enter land to conduct preliminary investigations?

Promoter's application should contain:

• draft of the Order sought
• explanatory notes for the Order
• a memorandum setting out the policy objectives of the proposals
• a statement detailing the consultation arrangements
• Expense estimate and likely sources of funding
• Maps, plans and sections of who affected by compulsory acquisition
• Details of consents required to implement the proposal
• Environmental statement

Promoter

Q4 What documentation should be supplied by the promoter in support of the application? Is there sufficient information contained within the proposals?

The Private Bill process currently allows 60 days for objections.

Road developments have a limit of 42 days.

Promoter Objector

Q5 What are the implications of reducing the time period for objections from 60 to 42 days?

We are concerned about:

• Seeking the Scottish Parliament's approval at this stage as it could introduce substantial delay due to the detailed consideration needed of a proposal
• Replicating, to some extent, the work currently undertaken by the Scottish Parliament in the Private Bills process.

Promoter

Q6 Are there any reasons why, once the Scottish Ministers have determined that the application meets the procedural conditions and the specified criteria conditions, that the application should be considered by the Scottish Parliament prior to a public examination of the objections?

We believe that the Scottish Parliament's interest should be proportionate and focus on those developments of national strategic importance.

The Planning (Scotland) Bill currently being considered by the Scottish Parliament enables the National Planning Framework ( NPF) to designate "national developments" and contains provisions for its Parliamentary consideration. The NPF would be a means of determining nationally strategic transport projects.

We believe it must also be possible for the Scottish Ministers to designate projects, not included within a current NPF, for a Parliamentary process.

Promoter

Q7 Are there any reasons for extending Parliamentary consideration and approval of projects beyond those contained within the NPF? Do you agree that it should also be possible for the Scottish Ministers to designate other transport related projects not in the NPF for Parliamentary consideration should they see fit?