Written Question · S1W-23496 · Session 1
What consultation it would expect a local authority to undertake when it is considering retrospectively altering conditions attached to a p…
The question
To ask the Scottish Executive what consultation it would expect a local authority to undertake when it is considering retrospectively altering conditions attached to a planning consent in favour of a developer and to the detriment of local businesses or local communities.
The answer
I refer the member to the answer given to question S1W-23495 today, regarding the different procedures for amending planning permissions and the circumstances in which they apply.The procedures in relation to sections 33 and 42 of the Town and Country Planning (Scotland) Act 1997 (the 1997 Act) involve planning applications, and the normal statutory requirements for public consultation, including neighbour notification, consultation with community councils and, where appropriate, advertising apply.In relation to the power in section 64 of the 1997 act, no planning application is required, and therefore none of the statutory consultation procedures which apply to planning applications would apply.Where the planning authority decides that it wants to promote an order under section 65 of the 1997 act, they must serve notice on the owner of the land affected, the lessee and the occupier of the land affected and any other person who in their opinion will be affected by the order. Those upon whom a notice has been served may request an opportunity to appear before, and be heard by, a person appointed by the Scottish ministers before the order is confirmed or confirmed subject to modifications.The Executive is currently engaged in a consultation exercise on public involvement in the planning system, including public consultation on planning applications. The consultation paper, entitled Getting Involved in Planning, is available on the Executive's website at: www.scotland.gov.uk/planning. The consultation period closes on 31 March.
In the Official Report
No contribution in the Official Report cites S1W-23496 by reference.