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9. STATUTORY CONSULTEES
Who should be consulted?
9.1 Regulation 30 of the new DMR sets out the statutory requirements for consultation on planning applications. The bodies which require to be consulted and the criteria for triggering consultation in particular cases are the same as the current GDPO. However, consideration is being given to possible changes in relation to a number of bodies' interests.
9.2 In addition, the ePlanning Efficient Government Programme is currently working on consultation triggers for eConsultation and it may be that as work moves forward on this, changes to the current statutory requirements for consultation may be required.
9.3 There will be further consultation on any detailed proposals for changes to statutory requirements in this area.
9.4. An area where we have decided not to change the arrangements relates to trees. The then Scottish Executive publication Tree Preservation Orders: Consultation Paper (December 2004) proposed making Forestry Commission Scotland a statutory consultee on planning applications resulting in over 0.25 hectares of tree felling. The Overview of Consultation Responses (June 2005) stated our intention to proceed with this change. However, since that time the Scottish Government has reconsidered the implications for the possible delays in processing from such additional consultation requirements. We consider that a more cost-effective way of ensuring adequate protection of woodlands is to strengthen the strategic engagement between forestry and planning, and that this is best addressed in the revised National Planning Framework and national planning policy on natural heritage.
The consultation process
9.5 The regulations propose a minor change to the process of consultation. In future, consultation will be required "before the determination of an application for planning permission" rather than "before granting planning permission", as under the current GDPO. This is to ensure that where there are appeals against refusal of planning permission the views of statutory consultees are available to the body considering the appeal or local review.
9.6 The introduction of local reviews raises a further issue in relation to statutory consultees. It would be inappropriate for a local review body to potentially grant planning permission on a case refused by a planning officer, where an application for the same proposal should be notified to Ministers prior to a grant of planning permission. Such cases will therefore not be subject to the scheme of delegation which leads to local reviews. In order to identify such cases, planning authority officials will need to consult statutory consultees, even where it is clear from the outset that a recommendation of approval appears unlikely, in order to identify those cases where notification to Ministers would be required as a result of an outstanding objection from a statutory consultee. Further details of the proposals on schemes of delegation and local reviews will be contained in a separate consultation on appeals.
Q35: Do respondents have any views on the list of statutory consultees and the criteria for consultation?
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