We are testing a new beta website for gov.scot go to new site

Rights of Appeal in Planning - A Consultation Paper

Listen

Rights of Appeal in Planning

ANNEX A - QUESTIONS ON WHICH VIEWS ARE SOUGHT

Q1

Paragraphs 3.3.1 to 3.4.9 have identified arguments made to us previously both for and against a third party right of appeal. Do you think they accurately reflect the arguments? Are there other arguments not covered here which you wish to raise?

Q2

Do paragraphs 3.5 to 3.14 accurately reflect what supporters of a third party right of appeal are seeking in a new appeal process?

Q3

If the right of appeal were to be extended to third parties, do you think it should be restricted to all or some of the four categories identified in the Partnership Agreement? Please give reasons to support your views.

Your response to this question will not prejudice any view you express on the principle of widening the right of appeal.

Q4

Which planning decisions do you think should be capable of appeal to the Scottish Ministers?

Q5

If the right of appeal were to be extended, which third parties should be able to appeal and in what circumstances? Please give reasons for your answer and also, where relevant, explain why you think any of the third parties identified above should not qualify for a right to appeal.

Your response to this question will not prejudice any view you express on the principle of widening the right of appeal.

Q6

Do you support, in principle, the introduction of a wider right of appeal in the planning system? Please give reasons to support your views.

Q7

How do you feel the planning service at both planning authorities and the Scottish Executive would be placed to manage the likely increase in workload?

Q8

Do you think there would be any implications for the attractiveness of planning as a career if there were to be a significant increase in the appeal caseload? Please give reasons for your answer.

Q9

Should a fee be payable to object to a planning application and/or to lodge an appeal against a planning decision? If so, what do you think would be an appropriate level of fee?

Q10

Should the Scottish Ministers retain their role in deciding particular planning appeals, or should SEIRU decide all appeals?

Q11Would the introduction of mandatory public hearings in defined circumstances increase public confidence in planning authorities' decisions?

Q12

Would extending the circumstances in which the Scottish Ministers are notified, to include all development plan departures, sufficiently address concerns about decisions being made by planning authorities against the terms of development plans?

Q13

Would it be appropriate to introduce a screening process for planning appeals? Please let us have your comments on relevant screening criteria.

Q14

Are there circumstances in which any right to appeal against planning decisions should be withdrawn? Please give details.

Q15

(a) Please give us your views on each of the models outlined in section six.

(b) Can you think of any alternative package of changes to the planning system to ensure a system which is both fair and effective.

(c) How would each of these models (and any other package you suggest) impact on the resources and objectives of you or your organisation?

Q16

Please let us have any additional comments you wish to make, if any, on relevant matters not addressed in this paper.