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Q1
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Paragraphs 3.3.1 to 3.4.9 have identified arguments made to us previously
both for and against a third party right of appeal. Do you think they
accurately reflect the arguments? Are there other arguments not covered
here which you wish to raise?
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Q2
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Do paragraphs 3.5 to 3.14 accurately reflect what supporters of a third
party right of appeal are seeking in a new appeal process?
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Q3
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If the right of appeal were to be extended to third parties, do you think
it should be restricted to all or some of the four categories identified
in the Partnership Agreement? Please give reasons to support your
views.
Your response to this question will not prejudice any view you express
on the principle of widening the right of appeal.
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Q4
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Which planning decisions do you think should be capable of appeal to
the Scottish Ministers?
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Q5
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If the right of appeal were to be extended, which third parties should
be able to appeal and in what circumstances? Please give reasons for your
answer and also, where relevant, explain why you think any of the third
parties identified above should not qualify for a right to appeal.
Your response to this question will not prejudice any view you express
on the principle of widening the right of appeal.
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Q6
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Do you support, in principle, the introduction of a wider right of appeal
in the planning system? Please give reasons to support your views.
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Q7
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How do you feel the planning service at both planning authorities and
the Scottish Executive would be placed to manage the likely increase in
workload?
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Q8
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Do you think there would be any implications for the attractiveness of
planning as a career if there were to be a significant increase in the
appeal caseload? Please give reasons for your answer.
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Q9
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Should a fee be payable to object to a planning application and/or to
lodge an appeal against a planning decision? If so, what do you think
would be an appropriate level of fee?
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Q10
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Should the Scottish Ministers retain their role in deciding particular
planning appeals, or should SEIRU decide all appeals?
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| Q11 |
Would the introduction of mandatory public hearings
in defined circumstances increase public confidence in planning authorities
decisions? |
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Q12
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Would extending the circumstances in which the Scottish Ministers are
notified, to include all development plan departures, sufficiently address
concerns about decisions being made by planning authorities against the
terms of development plans?
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Q13
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Would it be appropriate to introduce a screening process for planning
appeals? Please let us have your comments on relevant screening criteria.
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Q14
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Are there circumstances in which any right to appeal against planning
decisions should be withdrawn? Please give details.
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Q15
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(a) Please give us your views on each of the models outlined in section
six.
(b) Can you think of any alternative package of changes to the
planning system to ensure a system which is both fair and effective.
(c) How would each of these models (and any other package you suggest)
impact on the resources and objectives of you or your organisation?
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Q16
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Please let us have any additional comments you wish to make, if any,
on relevant matters not addressed in this paper.
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