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Modernising Public Local Inquiries: A Consultation Paper

Introduction

1. This paper forms part of the Executive’s proposals for modernising the planning system for the 21st Century. The Executive has already consulted on the modernisation of development planning in the Review of Strategic Planning and on public participation in the planning system in Getting Involved in Planning. The Scottish Ministers have since published their conclusions in the White Paper Your place, your plan. The White Paper recognises that there are some calls for the introduction to the planning system of a right of third party appeal. This is a complex matter with potentially wide ranging implications, but which remains a topical question. Ministers have indicated that it is their intention to carry out a full consultation to examine the issues and options thoroughly. That consultation will take place in parallel with this separate exercise on modernising public local inquiries. The proposals in this paper are intended to lead to improvements in practice that may be worth making regardless of which parties have a right of appeal. Should work on the consultation paper concerning widening the right of appeal raise issues that impact on the public local inquiry system, the issues will be dealt with in that consultation.

2. Getting Involved in Planning touched on a number of issues relevant to the work of the Scottish Executive Inquiry Reporters Unit. It indicated that many people found the formalities of public local inquiries daunting and one of the questions posed by the consultation was "How can we make appeal inquiries more accessible and less intimidating?" We now wish to consider the changes that are needed to the public local inquiry system which has for several decades provided the means of reaching decisions on planning appeals and on some planning proposals in a fair and transparent way whilst affording an opportunity to be heard to all of those with an interest in the proposal. The process has been reviewed in the past, with major improvements in both procedure and practice introduced in 1997 and 1998.

 

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