Extract:
The Highland Council is committed to the creation of sustainable communities to ensure a balanced population growth and economic development across the area and to deliver a fairer and healthier Highlands.
To assist the delivery of these aims, and in line with the requirements of the Planning etc (Scotland) Act 2006, we have put in place new processes for dealing with major applications. The guidance outlines the procedures The Highland Council will adopt to provide effective and early pre-application advice to developers in the Highland area.
Regulations defining what a major development is have been issued by the Scottish
Government and came into force on the 6th April 2009.
Part of Disclaimer:
There is a possibility that, under the Freedom of Information Act, The Council will be asked to provide information regarding inquiries for pre-application advice and copies of any advice provided or correspondence entered into. This information may only be withheld if its disclosure could prejudice commercial interests, inhibit the free and frank provision of advice or exchange of views during the planning process, or could prejudice the effective conduct of public affairs. Those seeking pre-application advice should provide a covering letter that sets out the reasons why, and for how long, any information relating to the case needs to remain confidential.
For more information click here (HwLDP blog post) and here
Also on the HwLDP blog is an item on the new Development Plan Scheme 2010 click here
[The Development Plan Scheme sets out how Highland Council will be preparing plans for
using new land over the next year. It states:
"This document makes it easier for you to find out how far we have developed our plans and how you can get involved."!]
An alarming contradiction here, and very useful that it has been highlighted.
ReplyDeleteThe emphasis, in all the public presentations from the Scottish Government and Council officials, is on the new planning process offering greater transparency and openness, and more public and community involvement.
Yet the Disclaimer quoted above, and in particular this sentence...
"Those seeking pre-application advice should provide a covering letter that sets out the reasons why, and for how long, any information relating to the case needs to remain confidential."
effectively gives the developer powers, which apparently override the Freedom of Information Act, to gag officials and prevent the release of key information on proposed developments. Its easy to see how developers might rub their hands at this opportunity to ensure that details of what they were planning should not be revealed publicly because such information was "commercially confidential".
Moreover it is almost Kafka-esque to assert that information could be justifiably withheld if "its disclosure could ... inhibit the free and frank provision of advice or exchange of views during the planning process". How is it that making more information available could limit or prevent discussion?
Moral of this - look closely at the small print, and be very sceptical of planners' and politicians' assurances that their intentions are honourable and that the reforms will deliver greater opennness!
A local community councillor highlighted his concerns this week that many many people are still not able to take an interest in planning and do not have time or motivation to do so.
ReplyDeleteHence they cannot build up their knowledge, let alone look at the detail.
There just is not enought money to resource the support and hence, empowerment, that would be needed to reduce the democratic deficit here.