As the Planning (Scotland) Bill makes its way through Parliament, I have submitted the following amendments which would hopefully address some of the problems in our planning system. We have an opportunity to change planning so that it works better for communities and I hope these amendments get the support to be included in the Bill.
114 After section 12, insert—
<Report on, and assessment of, likely effects of development
(1) The Town and Country Planning (Scotland) Act 1997 is amended as follows.(2) After section 40 insert—
“40A Report on, and assessment of, likely effects of development
(1) Before submitting an application for planning permission for a major
development, the prospective applicant is to prepare a report setting out the
likely effects of the proposed development on the capacity of—
(a) education services,
(b) health services,
(c) leisure and recreation services,
(d) such other public amenities as appear to the prospective applicant to be
relevant,
in the area in which the proposed development is located.
(2) The Scottish Ministers must by regulations make provision about the
consideration to be given, before planning permission for a major development
is granted, to the likely effects of the proposed major development on the
matters listed in subsection (1).
(3) Regulations under subsection (2) must include provision that the relevant
planning authority or the Scottish Ministers—
(a) must not grant planning permission for a major development unless they
have first taken those effects into consideration, and
(b) must state in their decision that they have done so.”.
(3) In section 75 (planning obligations), after subsection (3) insert—
―(3A) Without prejudice to the generality of subsection (1), a planning authority are
to consider a report under section 40A before they reach agreement with a
person on an obligation.‖.
(4) In section 275 (regulations and orders), after subsection (7B) insert—
―(7C) Regulations under section 40A(2) are subject to the affirmative procedure (as
defined by section 29 of the Interpretation and Legislative Reform (Scotland)
Act 2010).”.>
51 After section 16, insert—
<Appeal rights
Third party right of appeal against planning decisions not in accordance with local development plan
(1) The Town and Country Planning (Scotland) Act 1997 is amended as follows.
(2) After section 47A insert—
“47B Third party right of appeal against planning decisions not in accordance
with local development plan
(1) Subject to subsection (2), any person may appeal to the Scottish Ministers
against a decision of a planning authority to—
(a) grant an application for planning permission,
(b) grant an application for planning permission subject to conditions,
(c) refuse an application for planning permission.
(2) The right of appeal under subsection (1) applies only—
(a) to a person who made a submission on the planning application to which
the decision relates,
(b) where the grounds of appeal are that the person appealing considers that
the decision of the planning authority is not in accordance with that
authority’s local development plan in force at the time the decision was
made.
(3) Section 47A applies to an appeal under subsection (1) as it applies to an appeal
under section 47(1).
(4) Subsection (1) does not apply in relation to any such action on the part of a
planning authority as is mentioned in section 237(3A).
(5) An appeal under this section is to be made by notice served within such time
and in such manner as may be prescribed by the Scottish Ministers by
regulations.
(6) The time prescribed for the service of such a notice must not be less than 28
days from the date of the notification of the decision.
(7) The Scottish Ministers may by regulations make such further provision as they
consider appropriate in relation to—
(a) the form and manner in which an appeal under subsection (1) is to be
made,
(b) the procedure by which the Scottish Ministers are to determine an appeal
under subsection (1).”.
(3) In section 275 (regulations and orders), after subsection (7B) insert—
“(7C) Regulations under section 47B(5) or (7) are subject to the affirmative
procedure (as defined by section 29 of the Interpretation and Legislative
Reform (Scotland) Act 2010).”.>
92 After section 16, insert—
<Appeal rights
No right of appeal for development on land not allocated for development
(1) The Town and Country Planning (Scotland) Act 1997 is amended as follows.
(2) In section 47(1A) (right of appeal against planning decisions and failure to take such
decisions) after ―”to” insert—
“(a) any application for development on land that has not been allocated for
development in the local development plan for the time being applicable
to the area, or
(b)”.>
