Local plans are prepared and adopted by the planning authority for the relevant area. When the planning authority have prepared a finalised draft plan, they are required to advertise the fact in a local newspaper and state where and when it is to be available for public inspection. People wishing to object to the plan may rest on written submissions, or they may choose to be heard at a local plan inquiry. There are no inquiries procedure rules for local plan inquiries, but the SODD Code of Practice for Local Plan Inquiries and Planning Advice Note 49 'Local Planning' provides advice for those involved.
The Minister for Communities, Malcolm Chisholm, in a speech to a Holyrood Conference on 27 February 2006, said the following:
"But once people have made their views known, they need to be assured that their comments will be dealt with fairly and transparently. Therefore, in future, an examination will always be held where objections to a development plan are outstanding. Different types of examination will also be used for different types of objections - only opting for the more lengthy and potentially intimidating inquiry route where the complexity of the issues merits it.
Our intention is to make it easier for communities to be involved at every stage of the process. However, ahead of the legislation being implemented we have been improving, by agreement, current practice at Local Plan Inquiries. For example, by using hearing practice in place of formal adversarial sessions wherever possible. The effect is to make the consideration of objections to the development plan more informal and thus more accessible to the communities involved."
In March 2006 the Chief Reporter wrote to the Heads of Planning of all local authorities advising them of these improvements, and attaching an Annex which updates some of the advice in the Code of Practice.
If an inquiry is needed, the planning authority will appoint one or more Reporters from a list of Reporters provided by Scottish Ministers - the Directorates Local Plan Panel. The Reporter(s) conducts the inquiry and produces a report for the planning authority. The report summarises the main points of evidence, and gives conclusions and recommendations on the merits of each of the matters of objection. It may recommend that the plan be modified by the addition or deletion of particular elements. The planning authority is responsible for the final content of the local plan, and is therefore not obliged to accept the recommendations of the Reporter(s).
Unlike inquiries concerning planning appeals or planning applications, there is no provision for the award of expenses for or against any party at a local plan inquiry held by a Reporter on behalf of a planning authority.
Where anyone wishes to question the adoption of a local plan on the grounds that it is outwith the powers conferred by statute, or that legislative requirements have not been followed, an appeal may be made within 6 weeks of the publication of the Notice to Adopt the plan to the Court of Session. Where the Court finds that such a defect has occurred, it may wholly or in part suspend or quash the plan, either generally or in so far as it affects the land or property of the appellant.