Development plan amendment regulations: consultation response summary

Question 22

Question 22A)

To what extent do you agree with our proposed approach to independent examination?

There were 43 responses to Question 22A, which have been set out by respondent type in Table 22 below.

Across all the groups represented, most (a combined 72.1%) of the respondents were supportive of the approach set out to independent examination, while there were some neutral responses. Only 2 responses recorded their opposition to this approach.

Question 22B)

Where applicable, please give reasons for your answer.

32 respondents provided further comment at Question 22B.

Summary /Themes

While most of the respondents agreed with the intent and were supportive of the proposal with regards to independent examination, there was a range of further comments and questions raised. These comments were echoed by those who responded neutrally.

The issues and questions being raised in 22B can generally be considered to have overlapping themes, primarily around transparency, asks for guidance and resourcing concerns.

Several of the respondents raised questions about unresolved representations, both in terms of seeking direction as to how local authorities should approach these to determine significance and also questioning what is in place to ensure the consultation and response to representations is appropriate.

Similarly, several of the respondents highlighted the impact that a further step for independent examination would have on the resources of both the planning authority and the Scottish Government's Planning and Environmental Appeals Division.

Questions were raised as to whether this is a proportionate measure, and it was highlighted that this extra step would elongate timescales for any amendment to be brought into force.

From the neutral and responses that disagreed, similar issues were highlighted. In particular, one response which opposed the proposal suggested that the final decision on amendments should always sit with the statutory authority and that any independent examination recommendations should not be binding.