RIGHTS OF APPEAL IN PLANNING:
ANALYSIS OF CONSULTATION RESPONSES
A Report by Craigforth
November 2004
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CONTENTS
EXECUTIVE SUMMARY
INTRODUCTION
Background
Responses received
Responses to questions1
General comments made by respondents
The remainder of this report
RESPONSES TO SPECIFIC QUESTIONS IN THE CONSULTATION
Arguments for and against TPRA (Q1)
What supporters of TPRA are seeking (Q2)
Extent of support for TPRA in principle (Q6)
The potential restriction of TPRA to 4 categories of planning decisions identified in the Partnership Agreement (Q3)
To which types of decision should TPRA apply (Q4)
Which third parties should be able to appeal (Q5)
How would planning authorities and the Scottish Executive be placed to manage any resultant increase in workload as a result of the introduction of TPRA (Q7)
Implications for the attractiveness of planning as a career (Q8)
The application of fees in cases of objection and appeal (Q9)
The role of Ministers and the SEIRU (Q10)
Whether mandatory hearings would increase public confidence (Q11)
The extension of notification to Ministers in the case of all departures from the development plan (Q12)
Appropriateness of a screening process and relevant screening criteria (Q13)
Circumstances in which the right to appeal may be withdrawn (Q14)
Views on the 4 indicative models set out in the consultation paper (Q15a)
Alternative package of changes suggested (Q15b)
Impact of the 4 models or any other suggested package of change on the resources and objectives of you or your organisation (Q15c)
Other additional comments (Q16)
Regulatory Impact Assessment (RIA)
CONCLUSIONS
Annex 1: Standard Text of Campaign Responses
Annex 2: Consultation Questions