LOCAL REVIEW / APPEALS
Q46. How will local review bodies work? Can objectors be present?
A46. The proposed framework for local reviews is currently subject of the Modernising Planning Appeals consultation. The process is not intended to be adversarial and in most cases it is envisaged that the review body will be able to reach a decision quickly, based upon the information before the planning authority when the original application was considered, together with the applicant's statement requiring a review. It is envisaged that the review body will meet and take decisions in public.
Q47. In relation to schemes of delegation, if there is the political will from Members within a local authority to hear all objections and see all householder applications, is there an element of sanction in 43B which would allow Scottish Ministers to stand in?
A47. Schemes of delegation will require to be submitted to Scottish Ministers before being adopted by the local authority.
Q48. Some elected members may not see local review bodies as reviews of the information available, but would stick to the old familiar procedures of appeals and site visits, seeking further information, etc. Will there be measures to ensure similar standards across Scotland for Local Review Bodies?
A48. The regulations and forthcoming guidance are intended to ensure that there is a consistently high standard of provision across Scotland.
Q49. Elected members may not wish to delegate authority to officials?
A49. The Act does enable planning authorities to determine an application that would otherwise have fallen to an officer to determine under the scheme of delegation. However the intention is that elected members will deal with applications that are complex or controversial and these will not generally be within the scope of the new schemes of delegation.