Scottish Government

PROFESSOR MARK POUSTIE, UNIVERSITY OF STRATHCLYDE LAW SCHOOL
Scottish Executive Social Research
2004

The views expressed in this paper are those of the researcher and do not necessarily reflect those of the Scottish Executive Development Department or the Scottish Ministers.

This document is also available in pdf format (900k)

Contents

ACKNOWLEDGEMENT
EXECUTIVE SUMMARY
CHAPTER ONE: INTRODUCTION
Background
Project objectives
Research methods
Structure of the report
CHAPTER 2. THE CONSULTATION EXERCISE
Distribution arrangements
Stakeholder groups
Response rates
Comments on the consultation exercise
CHAPTER 3. GENERAL ISSUES RELATING TO PUBLIC LOCAL INQUIRIES ARISING OUT OF THE RESPONSES
CHAPTER 4. BUILDING ON THE STRENGTHS OF WHAT IS DONE NOW Question 1: Focus of improvements to the inquiry process
Question 2: Renaming public local inquiries
Question 3: Qualifying the right to an inquiry
CHAPTER 5. IMPROVEMENTS THAT COULD BE MADE BEFORE THE APPEAL INQUIRY STARTS
Question 4: Requiring local authorities to indicate how they would have decided an application in a non-determination appeal
Question 5: Rejecting incomplete appeals
Question 6: Reducing the period for producing statements of case
Question 7: Other ways of shortening the pre-inquiry stages
Question 8: Requiring those intending to give oral evidence to register
Question 9: Pre-inquiry process does not give sufficient time for preparation
Question 10: Scottish Ministers giving guidance on issues to be addressed in inquiry
Question 11: Scottish Ministers indicating material to be considered to identify areas of agreement and disagreement
Question 12: Time limiting sisted appeals
Question 13: Recovery of costs where appeal withdrawn or appeal party fails to proceed
CHAPTER 6. IMPROVEMENTS THAT COULD BE MADE ONCE THE PLANNING INQUIRY HAS STARTED
Question 14: Ruling out preliminary argument at the start of an inquiry
Question 15: Programming time more rigorously in advance at inquiries
Question 16: Setting a more inquisitorial role for reporters
Question 17: Importing hearings procedure to inquiries
CHAPTER 7. IMPROVEMENTS IN PROCEDURE AFTER THE PLANNING INQUIRY HAS CLOSED AND PLANNING INQUIRIES AND DEVELOPMENT PLANS
Question 18: Restricting scope for taking into account new material after close of inquiry
Question 19: Use of hearings format to examine objections to strategic development plans
Question 20: Local Plan Inquiries: requiring negotiation & mediation to reduce volume of objections & using hearings format
Question 21: Separating appeals & called-in applications from development plan inquiries
CHAPTER 8. ISSUES RAISED BY THE CONSULTATION PAPER WHICH WERE NOT THE SUBJECT OF A SPECIFIC QUESTION
CHAPTER 9. OTHER ISSUES RAISED BY RESPONDENTS (Question 22)
CHAPTER 10. RESOURCE IMPLICATIONS
CHAPTER 11. CONCLUSIONS
APPENDIX 1. CONSULTATION QUESTIONS
APPENDIX 2. LIST OF RESPONDENTS
TABLES
2.1 Definition of stakeholder categories
2.2 Consultation response rates by stakeholder category
2.3 Responses to questions by stakeholder category
4.1 Views on appropriate focus of improvements to public local inquiry system
4.2 Views on whether public local inquiries should be renamed planning inquiries
4.3 Views on whether the right to a public local inquiry should be further qualified
4.4 Views on the various proposed options for qualifying right to an inquiry
5.1 Views on whether in appeals against non-determination the planning authority should be required to indicate its position within 2 weeks of appeal being lodged
5.2 Views on whether incomplete appeals should be rejected and returned to the appellant
5.3 Views on whether the present maximum period for producing full statements of case should be reduced
5.4 Views on whether parties intending to give oral evidence at inquiries should be required to register in advance
5.5 Views on whether current rules do not allow sufficient time for preparation
5.6 Views on whether the Scottish Ministers should give more guidance on the essential issues they want addressed
5.7 Views on whether the Scottish Ministers should indicate material to be considered by main parties to identify areas of agreement/disagreement
5.8 Views on whether the Scottish Ministers should set a time limit on sisted appeals
5.9 Views on whether the Scottish Ministers should exercise their powers to recover costs where an appeal party fails to proceed or withdraws appeal after inquiry has been arranged
6.1 Views on whether preliminary argument should be ruled out at the opening of an inquiry
6.2 Views on whether the planning inquiry should be programmed more rigorously in advance
6.3 Views on whether the Scottish Ministers should set a more inquisitorial role for reporters
6.4 Views on whether the hearings procedure should be imported to planning inquiries
6.5 Views on whether this enhanced role for the hearings procedure suggested that statutory rules are required
7.1 Views on whether ability to take into account new material after close of inquiry should be restricted to changes in the development plan
7.2 Views on whether the hearings format represented a suitable means of examining objections to strategic development plans
7.3 Overall views on whether local plan inquiry (LPI) system would be improved (i) by requiring planning authorities to reduce volume of objections through negotiation and mediation before calling LPI; (ii) by adopting the hearings format as the norm for all LPIs; and (iii) by applying other relevant improvements contained in the consultation paper
7.4 Views on whether local plan inquiry (LPI) system would be improved by requiring planning authorities to reduce volume of objections through negotiation and mediation before calling LPI
7.5 Views on whether local plan inquiry (LPI) system would be improved by adopting the hearings format as the norm for all LPIs
7.6 Views on whether local plan inquiry (LPI) system would be improved by applying other relevant improvements contained in the consultation paper
7.7 Views on whether inquiries into appeals and called-in applications should be separated from LPIs and public examination of objections into strategic and local development plans