Letter to Derek McKay MSP
Dear Sir
PKC’s Proposed Local Development Plan & National Statutory Planning Framework
At our Council meeting on 18/12/13 we agreed to adopt the above Plan (as modified) following its examination by the Reporter; it has been submitted to Scottish Ministers.
However, a number of Councillors referred on the day of the debate, including myself, to the apparent ‘democratic deficit’ within the planning system because we were advised that there was really no flexibility to depart from the recommendations of the Reporters appointed by your Government.
This Plan was my first experience of the process endorsed in the more recent planning regulations of 2008. One plan for the whole PKC area replaces our current 6 area plans, with fewer policies and only one hearing session and no public inquiry. The Examination Report is largely binding on Planning Authorities under 2009 regulations. Whilst I personally was reasonably content with the Reporters conclusions in relation to my Ward of Kinross-shire (although I would have welcomed a hearing on the Powmill settlement proposals and subsequent significant reduction in housing numbers recommended), a number of Councillors were aggrieved at other changes, in particular the Almond Valley Village proposal being reinstated by the Reporters into PKC’s Plan.
The Reporters had more time to hold hearings on contentious issues and could have done so; PKC had no opportunity to request such hearings in response to recommendations. In reality written representations have informed Reporter modifications with virtually no opportunity (as under the previous planning system) for representations in person at an inquiry or hearing.
When one considers the amount of time input by communities to the forward planning process, this is a serious ‘democratic deficit’.
I therefore wish to intimate dissatisfaction with the current provisions of the ‘TCP (Grounds to Follow Recommendations) (S) Reg.s 2009’. This statutory framework does not allow sufficient flexibility for Councils to depart from a Reporter’s recommended modifications, and the effect of this has been to create a democratic deficit. As a result, this does not provide a planning process in which either Councillors or their communities can have full confidence.
I would like your assurance that this planning process will be reviewed and changes considered that may address the above concerns.
Yours faithfully
Councillor Mike Barnacle
Independent Member for Kinross-shire
cc Councillor Ian Miller
Councillor Mac Roberts
Councillor Archie Maclellan
Councillor Dave Cuthbert
Councillor Peter Barrett