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PLANNING Bulletin Issue No 21

MODERNISING PUBLIC LOCAL INQUIRIES

The Review of Strategic Planning and the consultation on Getting Involved in Planning have clearly defined the Executive's approach to modernising planning to meet the needs of the 21st century. Attention has now turned to the appeal system where Scottish Ministers are considering launching a major consultation on public local inquiries early next year. The planning inquiry has served us well, allowing decisions on a wide range of proposals to be made in a fair and transparent way and giving a right to be heard to all with an interest. Major changes were made in 1997, and reinforced in 1998, when a commitment was made to keep the system under review.

Because there is much in the inquiry process that remains effective we intend to build on the strengths of what we do now. Our objectives are to protect and enhance the Scottish economy at a time of rapid change by ensuring that appropriate development is authorised and that the planning system is able to deal with the timely delivery of major infrastructure. We also want to ensure that concerned citizens feel able to make their views known, without being intimidated by the process. The challenge is to secure the second aim without prejudicing the first, because both are critical to the achievement of Scottish Ministers' objectives for social justice in the planning system. We aim to increase certainty about the operation of the inquiry process whilst ensuring that the system remains impartial, fair and transparent. The Scottish Ministers are also committed to maintaining the human rights conferred by the European Convention.

In summary, views will be sought on the most effective means of:

• Reducing the time that it takes to reach decisions and shortening pre-inquiry procedures.
• Making it easier for citizens to be involved, including reducing the intimidating effect that the formal setting and the involvement of lawyers and other professionals may have.
• Reducing uncertainty about the process.
• Ensuring that the process most appropriate to the complexity and importance of the subject matter - whether by public local inquiry, hearing or written submissions - is used to determine planning appeals.
• Getting participants to produce material in a form that meets the requirements of section 25 of the Act.
• Giving more explicit guidance on the scope for narrowing the range of issues that are in dispute and matters that might be agreed.
• Stricter timetabling of inquiries by reporters.
• Reducing the interruption of inquiries through adjournments.
• Reinforcing reporters' inquisitorial role and reducing unnecessary cross-examination.
• Reducing the formality of the process in appropriate circumstances.
• Applying these principles to development plan inquiries in order to concentrate that process on the critical issues that affect the delivery of the development strategy.

The objective of improving the experience of citizens at public local inquiries whether as an appellant, supporter, or objector will require change in the culture of the inquiry itself; the actions of reporters; and the rights and obligations of the parties involved. It will require all involved to co-operate. We want to keep the best of the present system and improve the rest. In doing so we are resolved to ensure that the core values of reporters, and of the system itself, are not compromised.

For information on appeals or inquiries contact: the Scottish Executive Inquiry Reporters Unit on 0131 244 5649, e-mail: seiru@scotland.gsi.net. www.scotland.gov.uk/planning-appeals/seiru

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