Enormous potential in wind - as long as 'savvy' developers engage openly with communities

A couple of thought provoking items from the pages of the 'Invicta' web site

'Wind energy: the great debate'

'The answer is blowing in the (onshore) wind'

Wind came to mind today after I noticed this article in the P and J after my usual trawl through blogs, papers and  web sites  this morning 

'Windfarms scramble feared over target list'


I searched through google with key words from the article to see if I could find any further information or detail.

'A Bold Programme'

From a Press Release on THC web site


...The Highland Council’s Leadership today (Thursday) launched a “bold and ambitious” programme of priorities for action over the next five years.


...Council Leader Drew Hendry said:  “We have set out a bold programme, which is ambitious but deliverable.


...The Council would work with the Scottish Government, Housing Associations and the private sector to help to deliver 5,000 new homes by 2017.  This would include at least 600 council homes and other affordable homes. 


...The Council would work with all governments to deliver infrastructure projects to support employment and connect Highland communities. Working with the Scottish Government, Transport Scotland and partners, the Council would strongly support the upgrade of the Berriedale Braes, the A9 within Highland, the A 82 within Highland and the A 96 between Inverness and Aberdeen.

...The Council would develop options for a long-term solution which provided a secure and effective transport link between Lochcarron and the Lochalsh area.  In  consultation with partners and the local community, the Council would pursue the options for securing external funding.  It would work with partners to support the delivery of  the Inverness West-Link road and the associated amenity and leisure improvements as well as the Inverness Airport Rail Link

Deadlines approaching if you wish to make any comments

From Scottish Government e Newsletter Consultations ending this week Consultation on Registerable Marine Activities and on Marine Licence Applications Requiring Pre-Application Consultation Start date 28/03/2012 - End date 20/06/2012 This consultation seeks to determine which currently licensable activities would be suitable for registration instead. At the other end of the scale it also asks which marine licence applications should be subject to pre-application consultation. Miscellaneous Amendments to the Planning System 2012 Start date 28/03/2012 - End date 22/06/2012 This consultation follows on from that in 2010/2011 on the same area and will include detailed legislative proposals for change. the issues covered include pre-application consultation requirements, neighbour notification and the advertising of planning applications and council interest cases. Consultation on the General Permitted Development Amendment Order 2012 Start date 28/03/2012 - End date 22/06/2012 Following form previous consultation in 2011, we are now consulting on draft legislation to amend aspects of the general permitted development order Fees for Planning Applications 2012 Start date 28/03/2012 - End date 22/06/2012 This consultation will seek views on draft regulations that set out a new fee structure and level for planning applications in Scotland. Development Delivery Consultation 2012 Start date 28/03/2012 - End date 22/06/2012 the purpose of this consultation is to garner views on the efficacy of current processes in delivering development; and to invite views on proposals that could assist the delivery of development and infrastructure. Development Plan Examinations Start date 28/03/2012 - End date 22/06/2012 The Scottish Government is committed to a plan-led system. Some stakeholders have expressed concerns about their experience of the revised examination process for development plans. This consultation seeks views on how that examination process is operating and on a range of possible options to improve the process. The Flood Risk Management Act 2009: The Designation of New Responsible Authorities - A Consultation Start date 19/03/2012 - End date 21/06/2012 A consultation on proposals to designate additional public bodies and office holders as 'responsible authorities' under the Flood Risk Management (Scotland) Act 2009. View all current consultations online

2012 Reith Lectures

The Human Hive

1/4 Niall Ferguson argues that institutions determine the success or failure of nations.

FIRST BROADCAST: 19 Jun 2012

The Darwinian Economy

2/4 Exploring the importance of man-made institutions in driving change around the world.

FIRST BROADCAST: 26 Jun 2012

The Landscape of the Law

3/4 Exploring the importance of man-made institutions in driving change around the world.

FIRST BROADCAST: 03 Jul 2012

Civil and Uncivil Societies

4/4 Exploring the importance of man-made institutions in driving change around the world.

FIRST BROADCAST: 10 Jul 2012

How things are done in Buncombe County

I was just looking for some planning information on YouTube and I came across this interesting piece:


Buncombe County Comprehensive Land Use Plan


Buncombe County, North Carolina, Planning & Development

Have any readers lived across the pond and experienced the planning system first hand?

New Chief Planner for Scotland announced

According to my latest e copy of 'Planning Daily' in an item by  John Geoghegan

John McNairney has been appointed as the new chief planner for Scotland, it has been announced.

The item says:

McNairney, who is currently assistant chief planner, will take over the role as the Scottish government’s most senior planner next month.

He succeeds incumbent Jim MacKinnon who is retiring after more than a decade in the post.

A Scottish government spokeswoman said: "Following an open recruitment competition, John McNairney has been appointed as chief planner and will succeed Jim MacKinnon when he retires.

"John will take up his post on July 2."

I can find nothing so far on the Scottish Government web pages re this appointment.

Appealing Decisions - an update

Those who read the short post 'Appealing Decisions' may appreciate some further background regarding the future of the 'Administrative Justice and Tribunals Council'.  I suspect that many of you would not have realised that the AJTC - whilst undertaking their consultation on, 'Administrative Decisions made by Public Bodies in Scotland where there is no Right of Appeal against the Decision or where the Right of Appeal is inaccessible or inappropriate.' - was as a council itself under treat as part of the Westminster Government's proposed reforms through a 'Public Bodies Bill', as outlined below.

(The following extracts were taken from the, 'Response to consultation on reforms proposed in the Public Bodies Bill' -  Reforming the public bodies landscape of the Ministry of Justice 15 December 2011

Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty - This was a consultation produced by the Ministry of Justice. There is a requirement, as relevant, to consult those bodies/individuals, Scottish and Welsh Ministers and the Lord Chief Justice, listed in clause 10 of the Public Bodies Bill. However, this consultation was also aimed at anyone with an interest in the Public Bodies Bill and the proposals it contains in relation to Ministry of Justice bodies. This report basically just sums up what everyone thought of the Westminster reforms in this case.)

Extracts:

...In July 2011 the Ministry of Justice published a consultation on reforming its public bodies through the Public Bodies Bill. The Bill, which received Royal Assent on 14 December, is part of the Government’s commitment to radically reform its public bodies, and the consultation set out the case for reform of bodies within the justice sector. Key to effective reform is the balance that must be struck between the independence which is vital for some functions of Government to be exercised effectively, and the need to optimise accountability and efficiency…

The Ministry of Justice has 3501 public bodies – the most of any department – and we proposed to reduce that figure by at least one quarter, to 264. We have also announced that the department will save approximately £1.6bn in total over the current spending review period through reductions in its public bodies’ administrative, programme and capital budgets. The Public Bodies Act 2011 is one part of this package of reforms; there are 13 Ministry of Justice public bodies within the scope of the Act which will either be abolished, merged or reformed.

The consultation received 2,742 responses…of these 2607 were identical responses regarding the Office of the Chief Coroner sent by members of the public via the Royal British Legion website.

The Public Bodies Act 2011 now provides the legislative framework for reform, giving Ministers powers to enact changes by order. Where a body’s functions are no longer required or it has fulfilled the purpose for which it was created, the proposal is to abolish the body. In appropriate circumstances, the relevant Government department would take responsibility for any particular functions to be retained, ensuring increased Government accountability – a key aim of the reforms.

...Bodies for abolition are included in Schedule 1 of the Act - and one of these bodies is the

- Administrative Justice and Tribunals Council

…A total of 41 responses were received regarding the proposal to abolish the Administrative Justice and Tribunals Council (AJTC). The majority of responses came from individuals (18 responses), some of whom have an academic or professional background in the justice system, and from professional organisations and representative groups (12 responses) with specific involvement in administrative justice. There were four responses from charities. The AJTC itself provided a detailed response to the Government’s proposals and responses were also received from the Welsh and Scottish governments and from Sir Robert Carnwath, the Senior President of Tribunals.

…There is a strand of opinion that the abolition of the AJTC was justified, but the majority of respondents expressed the view that the AJTC should not be abolished. The Scottish Government is content for the AJTC and its Scottish Committee to be abolished and has been considering what arrangements should be made, in Scotland, following abolition.

 …a majority of respondents, many of whom are organisations active in the administrative justice field, commented that the AJTC’s strength is that it is an independent organisation that exercises a UK wide overview of the administrative justice system. They felt that from this perspective it is able to represent the user and exercise a vital role in sharing best practice, mutual learning and collaborative working between courts, tribunals and ombudsmen.

 …While the Scottish Government are considering what arrangements might be put in place following the proposed abolition of the AJTC, an organisation representing consumers in Scotland felt that the current complex tribunals landscape in Scotland required that the UK and Scottish Governments should work together to ensure that appropriate arrangements are in place following the abolition of the Scottish Committee of the AJTC.

The latest information I have is that the AJTC Scottish Committee is meeting on 12 June to consider the latest draft report - on their 'admin decisions with no right of appeal consultation' - from Professor Adler.  The Scottish Committee had been aiming for a publication date of sometime in July as they were expecting to be abolished on 31 July 2012. However, there has now been an indefinite delay in the laying of the Order to abolish, and they are using the reprieve to look a little deeper into certain areas of their consultation on admin decisions with no right of appeal with a view to delaying publishing until August/September. 

I have copies of the, '... response of the AJTC to the consultation paper ‘Public Bodies Bill: reforming the public bodies of the Ministry of Justice’ in which the MoJ is consulting on the government’s proposal that the AJTC, among other bodies, be abolished.', plus a copy of the,  'Government Response to the Public Administration Select Committee report on the future oversight of the administrative justice system'.  If you would like copies of these items or indeed the consultation response from which the above extracts were taken please email me at  apt.intouch@live.co.uk 

I take issue with Councillor Prag

From HC press release

Residents in the Inner Moray Firth area are reminded that there is just under four  weeks left to let The Highland Council’s Planning and Development Service know how they  would like to see their community develop over the next 20 years.

The document out for consultation is called the Inner Moray Firth Local Development Plan Main Issues Report and it sets out a number of initial options for where development should and should not occur within the Inner Moray Firth area which is from Fort Augustus in the South to Tain in the North and Auldearn in the East and to Garve in the West including the main settlements of Inverness, Nairn and Dingwall. The Main Issues Report looks at how a number of other issues affecting the area can be addressed.

Councillor Thomas Prag, Chair of Planning, Environment and Development Committee, said: “People often tell us that they feel powerless in the planning process. Wwell here is a real opportunity for them to have a say in how their community might develop in the next 20 years. So much is still in the melting pot at this stage and if folk don’t take the chance to chip in on the consultation process now they may not get the chance again for some time. It’s where we live and work and play – it’s up to us to help shape it for the future.”

The Main Issues Report is available to read at online at www.highland.gov.uk.  It is also available at every public library, Council Service Points and area Planning & Building Standards office within the Inner Moray Firth area and at Council Headquarters, Glenurquhart Road, Inverness.

Well Councillor Prag, many of us have worked really hard to understand the subject of planning  over the last several years and have contributed to numerous consultations but I for one still feel excluded.  

I have lost faith in the development plan process.  It will take all the effort I can summon to get myself to put pen to paper in response to this plan over the next few weeks.   

The Kindness of Strangers

Over the years APT has welcomed and been grateful for advice, information and support from a range of groups and individuals. 


Only recently I was cheered up by the generosity of academic Peter Joyce*, who not only agreed to my quoting from (my not quite the latest copy of) his book 'Politics'  (Hodder and Stoughton, 'Teach Yourself'), but also sent me a copy of the latest version now called 'Understand Politics' (Link here includes a book preview but of course details of other stockists can be found on line).


I hope to post some items shortly, probably starting with an item to provide some insight into  'Pressure Groups' and perhaps how APT has fared in its role as a 'promotional group' over the last few years.


(* Principal Lecturer at Manchester Metropolitan University)

Reporter says,"I dismiss the appeal and refuse planning permission in principle."

It would seem to me that the Reporter was not prepared to give the appellants in this case the degree of freedom to develop that they were hoping for...

Links

DPEA Web Page

DECISION NOTICE

Inverness Courier Article

The Reporter stated in the Decision Notice:



5. Section 25 of the Planning Act requires me to determine the appeal in accordance  with the development plan, unless material considerations indicate  otherwise.  Since the  council determined the planning application, the development plan has changed.  I consider that in making my decision I should consider the provisions of the current development  plan.  There was no dispute that this now consists of the Highland wide Local Development Plan (adopted April 2012) and the Inverness Local Plan (adopted March 2006).


(There then followed the Reporter's Reasoning - Decision Notice at  link above)





44. For the reasons set out above, I conclude that the appeal proposal does not comply with the policy and objectives of the development plan.  Based on the information before me, I do not consider that there are any material considerations that are so compelling as to  set aside the provisions of the development plan in this instance. 




The Courier quoted Mr Sutherland of Inverness Estates - an Appellant - as saying:


"We are very disappointed that planning dogma has overridden a project to create almost 400 real jobs at a time when the city is crying out for them. The Scottish Government should be focusing on creating employment rather than their reporter failing to respond to the important issues relating to this site and letting the restaurant complex proceed. It was well recognmised that the local plan referred to was 10 years out of date and time has moved on.

My view - 

I understand that the Planning System is there to balance competing and conflicting demands.  

Within the system a Reporter is engaged to exercise planning judgement and those making an appeal may or may not agree with this judgement.  It is up to all parties taking part to set out their stall of evidence so that the Reporter has the best quality of information upon which to make a decision.

The Reporter in this case seemed to me to be faced with a  degree of uncertainty in terms of the evidence that had been placed (or not placed) before him by the parties involved in the appeal.  For example he notes that:

2. It would appear that the appellant’s current intention is to develop the site as shown  on the site layout plan and  in the transport assessment.  Nonetheless, the planning 

permission would only be for this form of development if it were specified as such in any 

planning conditions. 

3. The proposal is therefore potentially for a much broader range of uses and I consider  that needs to be taken into account when assessing the appeal. 

13. I accept that it is a possible scenario  that there are no suitable alternative sites elsewhere for a mixed use development, including class 3 uses.  Also, that as the class 3 

uses have been promoted because of the close relationship with the other uses at the retail  park (including commercial leisure), the appeal site may be appropriate.  However, I have  been provided with insufficient information to demonstrate this is the case at the moment.

18. In relation to Policy 40, I consider that there is insufficient information to demonstrate 

that there are no suitable sequentially preferable sites or that there is an acceptable impact 

on the city centre or other centres.

33. I consider that there was limited  design information before me.  The appeal documents described the layout plan as illustrative and only showed uses, building 

footprints and road layout.  It did not show massing or provide any analysis as to how the  proposal could create a sense of place or show how the proposal could integrate visually and functionally with existing and proposed development on adjoining land.  

I disagree with the appellant that the submitted information is adequate and that there would be no need 

for a master plan.  I consider it is important that overall design principles be established in case the development commences over a longer  period or takes a different form to that currently envisaged.

West Link Road Charrette

Extract from THC Press Release




...The Highland Council has begun detailed preparation for a major consultation with the public later in the year over future use of land along the route of the proposed Inverness West Link Road, which will provide a new transport link from the Southern Distributor Road at Dores Road to the A82 trunk road via a fixed link across the River Ness and the Caledonian Canal.

A charrette  - a planning masterplanning event -  is being staged between 3-5 September at the Culduthel Christian Centre. It begins with a launch on Monday 3 September (7.30pm start), continues with workshops on Tuesday and Wednesday and concludes with a “wrap up” session on Wednesday evening.
 
The purpose of the charrette is to provide an intensive period of focused discussions to gather people’s views on the possible layout and design of future land uses alongside the proposed West Link Road.  This includes the relocation of sporting facilities that need to be replaced to deliver the road, as well as masterplanning of new developments in the areas of Charleston and Ness-side situated either end of the proposed road.  


More here
 

Elgin 'Bypass Battle'

 From P and J

NEARLY 150 campaigners took to the streets of a Moray town last night to protest against a bypass plan.

A quiet tour around the route of the proposed Elgin western distributor road was gatecrashed by scores of angry residents, who claim the scheme could destroy their community.

The walk was intended to be a low-key event to prepare councillors and stakeholders for a workshop that is being held today.

For the full story, pick up a copy of today’s Press and Journal or read our digital edition now

New committee structure and office bearers

From THC web site here

Extract 

The Highland Council has agreed a new committee structure and elected office-bearers.

There will be four strategic committees, namely: Finance, Housing and Resources; Planning Environment and Development; Transport Environmental and Community Services and Adult and Children’s Services. All of these committees will comprise 22 members and will meet 6 times each year.

An Inverness City Committee, comprising 26 members, will meet 6 times each year and a Caithness and Sutherland Area Committee, comprising 16 members, will meet quarterly. They will pilot specific responsibilities from the outset with a view to paving the way for the following area committees: - Ross and Cromarty (19 members); Nairn and Badenoch (8 members); and Lochaber and Skye (11 members). All will meet quarterly.

The Leaders of the City/Area Committees will be appointed at the first meetings.
Regulatory committees, overseeing planning and licensing issues, will see the continuation of a Planning Review Body of 9 members, meeting six-weekly; as well as a North Planning Application Committee of 17 members and a South Committee of 19 members, both meeting monthly.

Chair of Planning, Environment and Development Committee and the Planning Review Body – Thomas Prag (Inverness South); Vice Chair – George Farlow (North West and Central Sutherland).

How the Inverness Courier reported it:

...Key committee chairmanship roles went to Graham Phillips (transport, environmental and community services); Alasdair Christie (adult and children services); Thomas Prag (planning, environment and development) and Dave Fallows (finance, housing and resources).


More here from Courier

Appealing Decisions

Earlier this year a consultation was undertaken by the 'Administrative Justice and Tribunals Council; Scottish Committee':

'Consultation on Administrative Decisions made by Public Bodies in Scotland where there is no Right of Appeal against the Decision or where the Right of Appeal is inaccessible or inappropriate.'

More details regarding this consultation can be found on and linked to from page 4 of this newsletter


AJTCSC covering letter and questionnaire


As I understand it the consultation report is due to be published shortly and I thought readers may be interested in reading those responses to the consultation that I have been able to find on line.


'Consumer Focus Scotland' response


'Scottish Public Services Ombudsman, SPSO' response


'The Law Society of Scotland's response'



'Friends of the Earth Scotland' response

'Faculty of Advocates' questionnaire responses


On their web site, Planning Democracy mention a meeting with the SCAJTC in respect of this consultation 




However, the most detail regarding the subject of planning appears to be within the  Faculty of Advocates, 'Further Response' - Faculty of Advocates Further Response, Page 7 of 12, paragraph 10 (a) 


Given the recent elections and the setting up of new planning committees within Highland Council some of the sentences in the 'Faculty of Advocates' response struck  particular chords:


...councillors are likely, consciously or subconsciously, to back the decisions of their officers, particularly if no hearing takes place.  Councillors are accustomed to, and indeed are expected to, seek advice from the very professional officers whose decisions they are being asked to overturn.  They will be naturally predisposed towards supporting planning officers...



These responses make very interesting reading and I would certainly recommend getting the full flavour by reading the responses as fully as possible and taking comments in context.

Should schools be sited next to cemeteries?

Why not read the articles below and let me know what your views are:

Planning inquiry gives psychology a starring role

Children will think about fragility of life

Local authority failings have hurt community

Case Study