GUEST ARTICLE

Planning System Overhaul Provokes Controversy

A report from Bill Wright
Rural Scotland Director and mountaineer

The long awaited Scottish Executive White Paper entitled 'Modernising the Planning System' has finally been published to a chorus of conflicting responses. The most contentious issues have been the absence of the much anticipated provisions for Third Party Rights of Appeal and surprise removal of so called 'National Developments' from the public inquiry system.

In my view, there is much to commend in what the White Paper is proposing but there are a number of really worrying inclusions and omissions that are not good news for the mountain areas.

Firstly, removal of so called 'nationally important developments' from the public inquiry process represents a serious centralisation of decision making with potential objectors being excluded where large scale developments may have irreversible impacts on rural residents and landscapes. The proposed replacement provisions through the national planning framework are inadequate to replace the inquiry process, which identifies the need for such development.

That means that the developments such as transmission lines and large scale wind farms could well only be examined when the National Planning Framework is published. That is unlikely to effectively engage hard pressed stakeholders in a consultation which will be seen as remote from their immediate concerns.

Secondly, the Executive decision not to provide for a third party right of appeal and instead strengthen the emphasis on prior consultation is really ironic since the Scottish Executive itself has ignored the majority of responses to its consultation which favoured TPRA. Ironic because if the Executive itself fails to follow the results of its own consultation, it undermines its own case that a strengthened consultation process is adequate compensation for not providing TPRA.

Third party rights of appeal would extend wider rights to non-statutory groups who are affected by developments which could have a real impact on them.

One of the most effective proposals for TPRA was put forward by Scottish Environment LINK, which contrary to the claims of its detractors set out a qualified right for third parties, in other words non-statutory bodies like community groups and voluntary organisations. The qualifications to the right would include terms that it could only be applied where for example developments are contrary to the local plan; contrary to the recommendations of officers; where local authorities are themselves the developers; or an Environmental Impact Assessment is required. In mountain areas that would have meant the funicular railway or wind farms.

Thirdly, the omission of any new provisions for landscape is particularly disappointing given the nature of discussions voluntary bodies, including the Mountaineering Council of Scotland have recently had with the Executive. There are no provisions for improved protection of landscape even though the Ministers have acknowledged the need for action. There are no other foreseeable opportunities for legislation to improve landscape protection during this Parliamentary session and there is an urgent need to introduce provisions to protect landscape particularly where large scale renewable energy developments are proposed.

National Scenic Areas in particular are long overdue for full and effective legal recognition. It is a remarkable six years since Scottish Natural Heritage drew up its advice on NSAs and the response of the Scottish Executive is still awaited. Wild areas not designated as NSAs of course also deserve protection and there is a strong case for local authorities to be subject to a general duty to protect landscapes but alas similarly nothing set out in the White Paper

So it is a cheer and a half for the Planning White Paper. In summary, the Scottish Executive's aims to restore confidence in Scotland's planning system and secure a fairer and more balanced system, increased public participation, cultural change and efficiency as part of a commitment to sustainable development are welcome. However, the recommendations set out in the White Paper are limited in their ability to achieve these laudable aims. Many of the proposals merely implement current commitments.

Many proposals are not new and many will just bring Scottish practice into line with European legislative commitments such as on Strategic Environmental Assessment, Public Participation, Freedom of Information and Access to Justice in Environmental Matters. The proposals fall short of achieving full compliance with these commitments and underestimate their implications in a number of ways. They fail to grasp opportunities to create an effective participatory planning system based on sound sustainable development principles.

The White Paper can be viewed in full at: http://www.scotland.gov.uk/Publications/2005/06/27113519/35231
or copies obtained from - The Planning Modernisation Team, Planning Division, 2-H Bridge,Scottish Executive, Victoria Quay, Edinburgh EH6 6QQ. Telephone: 0131 244 7060