Saturday 20 June 2009

SPEL Part 2

Scottish Planning and Environmental Law Conference 21st May 2009


Report from a Community Representative - part 2



"Gerry Gormal from Glasgow City Council made the point that in future, development proposals that create jobs would be given priority. I raised the issue that this could lead to developers inflating potential employment to get approval. While this tactic is unlikely to fool financial institutions when the developer pursues funding, the opportunity for independent scrutiny by the Banks usually follows planning approval.

The rest of the presentations followed the theme of where to now. The present system and the development plans which are in place, some of which have only just been completed, do not reflect the very different financial situation we now find ourselves in. They no longer represent realistic expectations and could be largely irrelevant. Jim Mackinnon, Chief Planner for Scotland, was bombarded with questions about how long it would take to alter/update the development plans to represent the current situation. His response was that if the Minister decided that it was relevant he is unlikely to accept any argument that it would take over 4 years and would insist that a few months is more acceptable.

Radical solutions were suggested like doing away with development plans altogether and relaxing policies. Most of the attendees were of the opinion that the present system is too restricting and inflexible. I couldn’t relate to the claims they were making about how strictly local authorities stick to development plans, it certainly isn’t our experience. One legal representative made the point that he does not regard the changes in the planning system as a reformed system but the same system with additions. There was quite a bit of comment on culture change from the developers’ point of view.

The presentation by Andrew Thin, Chair, Scottish Natural Heritage was concerning from my point of view. He commented that it was the remit of the statutory consultees to advise on development proposals and that they have no authority to object. The message I took from the presentation was that the remit of the statutory consultees is to facilitate development where possible.

The final presentation of the day concentrated on the changes in the review process for developers. If the Scottish Government insists on bringing the new Local Authority review process into line, there will be a legal challenge on the basis of the human rights of developers. I cannot see how the local hearing process is compliant with the human rights of the public either.

So where does all of this leave community groups and members of the public?


I am concerned that community engagement at the level that we were promised is unlikely to continue.



Is there a chance that development plans will be altered or have their purpose weakened with very little warning?


Will our green belts become more at risk rather than regeneration of brown field sites?


Will planning policies become a thing of the past regardless of the SPP consultation responses?


Perhaps we should see the changing situation as an opportunity?


If so, how do we influence where we go from here?

To read more from the author Ann Coleman MBE (for services to community on environmental justice) try the link below:

http://www.maybole.org/community/citizens/profiles/anncoleman__mbe.htm




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