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Introduction
During the 2007-2008 year the Directorate remained part of the Scottish Government
DG Economy but physically and functionally separated from the rest of the Scottish Government at our base in Falkirk. Our responsibilities include:
- all planning and similar appeals lodged with the Scottish Ministers;
- consideration of planning applications called-in by the Scottish Ministers for their decision;
- non-planning cases, such as objections to compulsory purchase orders; objections to traffic regulation orders; harbours; fisheries; and pollution cases;
- arranging for these cases to be determined by public local inquiry, hearing, or by an exchange of written submissions;
- supplying reporters to planning authorities to hold a local plan inquiry to consider and report on objections to local plans.
The Scottish Ministers appoint a reporter to deal with each planning case. In more than 95% of cases the decision is delegated to the reporter who writes a letter explaining his or her decision and the reasons for it.
However, each year the Scottish Ministers recall a small number of planning appeal cases for their decision. In addition, a similarly small number of planning applications are also called-in for decision by Ministers. In these cases the reporter prepares a report setting out the issues that have to be determined, together with conclusions, and a recommendation. The report is then considered by the Scottish Ministers who subsequently issue their decision.
Written submissions, hearings and inquiries
Over 90% of our casework is dealt with by the exchange of written submissions. Under this procedure a structured and timetabled series of written exchanges takes place involving the appellant, the planning authority and any other persons who have indicated their interest. These are considered by the reporter, who inspects the site, generally in the presence of the parties, and then issues his or her decision or a report and recommendation.
In any appeal the appellant or the planning authority may, under present statutory arrangements, request to be heard by a person appointed by the Scottish Ministers. In these circumstances, a formal public local inquiry or a more informal hearing is held.
The conduct of public local inquiries in planning cases is governed by statutory procedure rules. The inquiry offers the opportunity for the presentation of evidence and opinion by the appellant, the planning authority, any other parties involved in the case (such as consultees like SEPA or SNH), and by members of the public. In public local inquiries there is the opportunity for those giving oral evidence to be cross-examined. A reporter holds the inquiry and then writes a decision letter determining the appeal or (in non-delegated cases) writes a report and recommendation for consideration by the Scottish Ministers.
Hearings take the form of a discussion led by the reporter, which follows an agenda circulated in advance, following the exchange of statements prepared by all of the participants. There is no opportunity for formal cross-examination. Other matters that do not need to be discussed at the hearing are considered on the basis of the parties' written submissions. These procedures are set out in a Code of Practice.
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