Scottish Government

REVIEW OF THE YEAR 2002-2003

Local plans

As reported above, planning authorities projected that 27 local plan inquiries would open in 2002-2003. As it transpired, 9 local plan inquiries were actually committed, of which 8 took place. In the remaining case, and with the agreement of parties, the reporter considered all the objections by the exchange of written submissions. Very few planning appeal or call-in inquiries now last more than 4 or 5 weeks. However, inquiries of this length or longer are now common in considering objections to development plans. Last year five sat for more than 20 days, of which 3 sat for 40 or more days. A total of around 3,500 objections was considered, 750 on the basis of oral evidence. The forecasts in Table 5 indicate that planning authorities expect a very large proportion of the Unit's resources to be available for commitment to local plan inquiries in each of the next 2 years and particularly in 2003-2004. If these expectations are to be met, it will be critical that the length of development plan inquiries is reduced. However, this must be achieved without compromising either the effectiveness with which objections are considered or the quality of the recommendation. The consultation paper on Modernising Public Local Inquiries makes a number of suggestions directed at resolving this issue.

Table 5: Local Plan Inquiries 1999-2005

* Includes one case which proceeded on the basis of written submissions
** Includes extensive work by several reporters on the Rural West Edinburgh Local Plan Inquiry, which did not proceed
*** A proportion of the work continues in the subsequent business year but is shown against the year in which it was generated.

Performance in determining delegated appeals: decisions in 2002-2003

The Unit's efficiency in handling delegated appeals is measured by 5 performance targets related to the most numerous types of cases, and whether the case is dealt with by public local inquiry or by the written submissions procedure. In 2002-2003, the target for planning appeals proceeding by written submissions (the most numerous category) was again significantly exceeded, with 84% of cases being determined within the reduced target of 20 weeks. Enforcement notice appeals determined by written submissions also exceeded the target, with 88% being determined within the reduced target of 24 weeks. However, of the 42 planning appeal cases that were the subject of a public local inquiry, only 71% were decided within the 38 week target, the same proportion as in 2001-2002. The reasons for the failure are also much the same, namely delay in making inquiry arrangements acceptable to the parties, delayed submissions, and, in several instances, the range and complexity of the issues involved. One inquiry was re-opened following the issue of an intentions letter. Of the 144 advertisement appeals determined by written submissions, 76% were decided within 17 weeks, compared with the target of 80%. This was caused by an internal blockage in programming following a short-term peak. While this problem was resolved in the course of the year, the results did not filter through sufficiently quickly to lift the annual performance to achieve the target, although the final shortfall is small. All 6 enforcement cases dealt with by public local inquiry were decided within the target.

Table 6: Performance in determining delegated appeals: decisions in 2002-2003

Changes in performance targets and achievements 1998-2003

Table 7 shows that the targets against which the Unit's work is measured have become more stringent over the years. In this year the targets for written submissions planning appeals, enforcement appeals and advertisement cases were each reduced by 1 week. The 2001-2002 Review suggested that the failure to achieve the target for planning appeals determined by public local inquiry that year might indicate that the ability to improve overall handling times for this type of appeal is approaching its limit within current administrative arrangements. The fact that overall performance did not improve this year suggests this comment had some foundation because administrative efforts were made to deal with the situation. The consultation paper on Modernising Public Local Inquiries concentrates on wider means of addressing this issue so that decisions are taken more quickly, while also allowing those interested in a development proposal to make their views known and to have these views taken into account without being intimidated by the inquiry process. The challenge in improving the system is to secure the second aim, without prejudicing the first, as both are critical to the achievement of Ministers' objectives for both social justice and wider community involvement in the planning system.

Table 7: Performance targets and performance achievement 1998-2003

Claims for award of expenses

A total of 123 claims for award of expenses was made during this year, 30 fewer than in the previous year (153). There were 29 claims by planning authorities, all against appellants, much the same number as last year (31). These accounted for 24% of all claims, slightly higher than the 20% figure last year. However, the proportion of successful claims by planning authorities, 38% compared with 29% last year, was significantly higher. Appellants made 84 claims, compared with 109 last year, all against planning authorities. The 17 claims that were successful represented a 20% success rate, much the same as the 18% recorded last year. None of the claims made by third parties was successful. However, the number of third party claims remained small (10 as opposed to 13 last year) and the 23% of successful claims by third parties in 2001-2002 comprised only 3 cases.

Table 8: Expenses claims 2002-2003

The objective tests for deciding whether the behaviour of any party has been unreasonable remain those set out in SODD Circular 6/1990.

Complaints

During the business year to 31 March 2003 the Unit received 19 letters of complaint. These raised concerns about the delay in redetermining appeals following successful Court challenges; the planning conditions applied to a development approved on appeal; suggestions of inconsistency in interpretation of government guidance; claims that material considerations were not taken into account; the Unit's administration of the appeal; the conduct of the Reporter; and those unhappy with the decision taken.

All complaints were investigated and responses issued; several were found to be justified, while a number were found to have no basis. It was acknowledged that delay had occurred in the redetermination of appeals following successful challenge in the Court of Session although the need in one case for a further exchange of correspondence and, in the other, a further legal challenge had contributed to the delay. In another, it was admitted that a Reporter had applied planning conditions that fell short of the good practice advice contained in Circular 4/1998. We sent apologies in each case where our work did not meet the expected standard. Consideration was given also to the action needed to prevent any recurrence.

Court of Session challenges

The number of Court of Session challenges this year was slightly less than in 2001-2002 and remained within the range of normal variability. More than half the cases lodged during the year are still before the Court. In the other judgements the outcome was evenly spread. The Unit continues to meet its target of no more than 1% of all delegated appeals determined by reporters being successfully challenged in the Court, or undefended.

Table 9: Court of Session Challenges 1996-2002

There were no new petitions for Judicial Review during the year. The petition raised in 2001-2002 concerning the redetermination of a listed building enforcement notice appeal remains subject to continuing legal challenge.

Staff training and development

The Unit continued its programme of training and development for all staff. Short training sessions on making the best use of ICT were given to all administrative staff and a number of case officers and their managers also undertook personal developmental training during the year. Seminars for reporters are held regularly at Greenside Lane. These are designed to contribute to continuing professional development, to disseminate best practice and to promote consistency in decision making. These seminars are generally led by reporters for developmental reasons, but external participation is encouraged where balance in the contributions can be ensured, for example by inviting speakers from both sides of the development industry. Reporters also attend externally organised conferences and seminars, including the Planning Inspectorate's Annual Training Week, which was again held this year at Warwick University. The Unit continues to provide speakers for external conferences and seminars and has maintained its commitment to training the development industry, members of planning authorities, officials and others concerning best practice in planning appeal procedures. In addition presentations on the Consultation on Modernising Public Local Inquiries have been made to a wide range of stakeholders, and these continue.

Conclusion

The Unit has achieved a great deal during this management year whilst maintaining the quality standards of which we are justifiably proud. This would not have been possible without the co-operation and assistance that we routinely receive from appellants, planning authorities and the public and the commitment and resourcefulness shown by our administrative staff and reporters. We look forward to continuing and developing this constructive relationship in the years to come from our new home in Falkirk.

James McCulloch
Chief Reporter
Scottish Executive Inquiry Reporters Unit