Committee
Transport and the Environment Committee, 04 Mar 2003
04 Mar 2003 · S1 · Transport and the Environment Committee
Item of business
Planning
Jim Mackinnon:
Watch on SPTV
There is no statutory requirement to consult the public on environmental impact statements, but our advice note gives a strong hint that public consultation should take place and is important. In part, that is because the public can identify issues with which a consultant who comes from a different area may not be familiar. There is strong advice to involve the public in the drawing up of environmental statements. We also advise that the results of the environmental statement should be made available in a form that is easy to understand. As some issues in environmental statements can be very technical and complex, we are keen that people work to present the material in a clear and coherent way.The environmental impact statement is only one element in the decision-making process. I know that there are feelings that environmental impact statements may be biased because they are commissioned by the developer, but the developer is required to consult organisations such as Scottish Water, the Scottish Environment Protection Agency, Scottish Natural Heritage and others in drawing up that statement. Those organisations will have views on the extent to which the impacts are properly and adequately addressed in the document.When the planning application is submitted with its accompanying environmental statement, the public will of course be consulted. Community consultants are statutory consultees. Neighbours are formally notified. In addition to that, developments that involve an environmental impact statement will be widely known about. To put the issue in context, in the past 10 to 15 years there have been about 0.5 million planning applications, but only about 350 environmental statements. Environmental statements are for big projects that are widely known about.People will make their views known, not only on the quality or relevance of the environmental statement, but the other issues that the planning application raises. When the environmental statement is received, views will be expressed by the statutory consultees, which include the community council and others who have a view on the planning application. The planning authority itself will come to a view on whether the environmental impact statement properly addresses the issues involved. If the planning authority feels that an issue has not been sufficiently addressed, it can ask for more information. One must then consider the weight that needs to be attached to the application in coming to a planning decision. Unless material considerations indicate otherwise, planning decisions must be made in accordance with the development plan. That is the law. When the council receives a planning application that has an environmental statement, the law requires that the first thing that the council must do is check whether the proposal is in line with the development plan. A whole range of material considerations then have to be taken into account. The environmental statement will be a very important material consideration, as will Government policy, as set out by the Executive. So will the views of statutory consultees and those of the public. The system is designed in such a way as to allow all the issues to be aired and discussed. It is not just a matter of granting planning permission on the basis that the environmental statement says something is okay. Before reaching a decision, the planning authority has to adopt a systematic approach, taking into account what is said in the environmental statement, the views of a range of consultees on the environmental statement, and a whole range of other considerations. To reiterate, it is not a matter of the environmental statement saying that a proposal is acceptable and planning permission being granted as a result; the statement is one of a range of things that must be taken into account in reaching a planning decision. Furthermore, the statement would be taken into account not just by the planning authority. If planning permission were refused, a Scottish Executive reporter or a minister would also take it into account in arriving at a view on how to dispose of a particular case.
In the same item of business
The Convener:
Lab
I move the meeting back into public for agenda item 8, which is a planning briefing. I welcome back to the committee the Deputy Minister for Social Justice, ...
The Deputy Minister for Social Justice (Des McNulty):
Lab
As a former member of the Transport and the Environment Committee, I know that there was a perception that the committee might not have had enough time to pa...
The Convener:
Lab
It would be best to hear Jim Mackinnon's presentation first.
Jim Mackinnon (Scottish Executive Development Department):
I will talk members through the book of slides that we have circulated. What is driving us towards a national planning framework for Scotland? First, there i...
The Convener:
Lab
I thank Des McNulty and Jim Mackinnon for their contributions. We move to a question-and-answer session. I am sure that members want to ask a wide range of q...
Bruce Crawford:
SNP
I need to go at about quarter-past 12, so it is useful that I can ask my questions first. I thank the minister for coming along with Jim Mackinnon to speak t...
Des McNulty:
Lab
I made it four areas. I will begin with renewables. As the UK energy strategy was published only last week, we will need to look at it in some detail to iden...
Nora Radcliffe:
LD
I will ask an extremely broad-brush question. Diagrams such as the map make me very nervous. Is the underlying philosophy that we target our thoughts and eff...
The Convener:
Lab
The map that Nora referred to is the one that is centred on Edinburgh.
Des McNulty:
Lab
The issue is not just about the further-flung parts of Scotland. Some of the other maps that Jim Mackinnon produced show that there are issues to do with pro...
Nora Radcliffe:
LD
I would just like to get a handle on whether the basic philosophy is one of embracing the fact that, given modern technology and good infrastructure, busines...
Jim Mackinnon:
We talked about the national planning framework identifying other areas where that approach might be appropriate, and about the benefits of new technology in...
Angus MacKay (Edinburgh South) (Lab):
Lab
I am encouraged by what Jim Mackinnon has just said, because he is talking about putting the horse before the cart, rather than the other way round. However,...
Des McNulty:
Lab
I would broadly agree with the thrust of Angus MacKay's comments. Our economic strategy is defined by "A Smart, Successful Scotland", but it makes no sense t...
The Convener:
Lab
I will give you the chance to come back in later, Nora. However, all the committee members want to ask questions, and we have to deal with some questions on ...
Maureen Macmillan:
Lab
I will be brief. I was interested in the proactive-reactive balance. You talked about how there was a great range of economies in the Highlands. There is no ...
Des McNulty:
Lab
I will take the last point first. One of the objectives of the process of revisiting the planning system is to reduce the circumstances in which information ...
Maureen Macmillan:
Lab
Transport is involved, too.
Jim Mackinnon:
I will pick up on a couple of those points. Maureen Macmillan asked what would happen if we get things wrong. The minister made the point that we are not tal...
John Scott:
Con
I want to raise three points. The first is a general point about marine planning. "Towards A National Planning Framework" makes no mention of that. The time ...
Jim Mackinnon:
The Ayr and Prestwick green belt was originally designated as an airport safeguarding zone for Prestwick, which covered a very small area. It is only in the ...
Fiona McLeod (West of Scotland) (SNP):
SNP
My question is on a theme arising from what a number of people have said. We are discussing "Towards a National Planning Framework". How will you move from t...
The Convener:
Lab
That was not an attempt to get any slogans in, was it?
Fiona McLeod:
SNP
No. I tried to get Clydebank in.
Des McNulty:
Lab
I am sympathetic to what Fiona McLeod suggests, whatever her use of language. We must move from a developer-led planning system to one that recognises the ac...
The Convener:
Lab
I have some questions that concern not a local interest, but a petition that the committee has been considering. We thought that today would be a good opport...
Des McNulty:
Lab
As at least two of those questions are of a technical nature, it might be appropriate to refer those directly to Jim Mackinnon. If it seems reasonable to the...
Jim Mackinnon:
There is no statutory requirement to consult the public on environmental impact statements, but our advice note gives a strong hint that public consultation ...
Des McNulty:
Lab
One particular issue that arises out of this and other cases relates to local authority boundaries and to the consultation of people living in adjacent local...
The Convener:
Lab
I think that both John Scott and Fiona McLeod wish to speak—or is it just Fiona?