Q3 In order to ensure an efficient process, should the draft regulations restrict the matters to which the appointed person may refer in assessing the authority's conformity with its participation statement?
21. A large majority of respondents felt that the matters to which the appointed person may refer in assessing the authority's conformity with its participation statement should not be restricted.
22. Asda were in support of the appointed person requesting further information. They stated that "we consider it important that the examination process should be efficient as well as effective. Accordingly we would support the suggestion that the reporter should be free to request further information if he or she sees fit. It would not be in the interests of efficiency if the regulations did not allow a reporter the discretion to make decisions/invite additional information especially where this might obviate the risk of legal challenge at a later stage".
23. Argyll and Bute council also opposed restricting the matters to which the appointed person may refer. They stated that "It is not necessary to restrict through regulation the matters to which the appointed person may refer in assessing the authority's conformity with its participation statement, although an indication of the main matters could usefully be given in guidance. The Council anticipates that planning authorities would wish to have the opportunity, if it considers it relevant, to produce documentary evidence in support of its statement of conformity to its participation statement and to respond directly to any criticisms received".
24. A number of the respondents felt that the appointed person should have the capacity to request further information however this should only be in the exceptional circumstances that are listed in the consultation paper.
25. Those that felt that matters should be restricted include Forth Ports PLC who stated that "the intention is not to check beyond all reasonable doubt there is not a person left standing who does not know about the local plan".
26. Angus Council also felt that the matters should be restricted. They stated that "Publicity, consultation and involvement in development planning have long been an important part of the system with a wide range of techniques employed by planning authorities to encourage participation. While opportunity for increased public involvement is welcomed, examination of the measures used by planning authorities should not be disproportionate to the examination of the plan itself. The use of participation statements, statement of conformity and any specific letters of representation on the consultation process should be sufficient to measure the efforts made by planning authorities in this regard".