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Modernising Public Local Inquiries: A Consultation Paper

Conclusions

61. We do not envisage any one proposal that could have the effect of streamlining public local inquiries or making them less adversarial at a single sweep. Instead a number of improvements are suggested. Most are directed at introducing this change, particularly where the subject matter of the case justifies a less formal approach. However, we would be interested to hear the views of consultees and their suggestions on other changes that could have this outcome.

Question 22 We would welcome views on other options not covered by this paper that could help to make public local inquiries less adversarial but allow them to remain just as robust as the means of taking decisions on major planning proposals.

62. We believe that there is scope to make a number of modernising improvements to both the procedure and practice of the public local inquiry process when it is used to determine the merits of planning appeals, called-in planning applications and other major development proposals connected with the delivery of transport or other infrastructure. Some of the changes that we suggest are potentially more far reaching than others and we do not underestimate the difficulty in introducing proposals in a manner that achieves both the desired outcome and is fair. To that end we look to all users of the system to adopt a disciplined and constructive approach. However, we believe that it is essential that adjustments are made to ensure that the planning system continues to meet the needs of society in Scotland in the 21st century.

63. A reduction in the adversarial content of planning inquiries could result from many of these suggestions. Realisation of this objective requires all parties to be prepared to strike a new balance recognising the rights and obligations of individuals, appellants and planning authorities, and to ensure that each is able to make the case that they consider to be appropriate, whether in writing, or orally. In practical terms, parties have to be prepared to renew their commitment so that the planning inquiry system continues to deliver in the interests of Scotland and all of its people.

 

 

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