Committee
Communities Committee, 27 Sep 2006
27 Sep 2006 · S2 · Communities Committee
Item of business
Planning etc (Scotland) Bill: Stage 2
I am interested in Sandra White's amendment 130, which is so limited that I wonder whether it is worth while. People would have to pass through a series of hoops to get, eventually, to the right of appeal.As Christine Grahame said, amendment 251, in the name of Donald Gorrie, conveys the spirit of what we would like to happen. However, the minister has made clear that in the bill there will be a process for dealing with local authority interest cases. When my amendment concerning breaches of the development plan was debated, the minister indicated that the issue would be addressed in secondary legislation. I am grateful to her for that. Perhaps she can confirm both points in due course.Amendment 126, in the name of Mike Rumbles, is interesting, as it has the great advantage of identifying a given group of people. It is difficult to define a community or community body, but those who are notified in the amendment are a distinctive group. The example that the member gave was equally interesting. People feel aggrieved when councillors go against an officer's decision, but the amendment as drafted is not restricted to that circumstance—it is broader. The issue might be worth considering further at stage 3. However, as other members have indicated, we must consider whether it is contrary to the general spirit and tenor of the bill. I am not minded to support any of the amendments, but amendment 126 has the advantage of identifying a clear population of people who might have a right of appeal.
In the same item of business
The Convener (Karen Whitefield):
Lab
I open the 25th meeting in 2006 of the Communities Committee. I remind all present that mobile phones should be turned off.The first and only item on the age...
Section 18—Appeals etc
The Convener:
Lab
Amendment 126, in the name of Mike Rumbles, is grouped with amendments 130, 251, 201, 218, 206 and 219.I should have welcomed Mike Rumbles, Sandra White and ...
Mike Rumbles (West Aberdeenshire and Kincardine) (LD):
LD
I have brought effectively only one amendment before the committee. I aim to address what I hope is a non-partisan issue that I believe is also an issue of n...
Ms Sandra White (Glasgow) (SNP):
SNP
This is third time lucky, as it is the third time that we have turned up to debate the issue. Thankfully, we are being heard today, so I am grateful to the c...
The Convener:
Lab
I am afraid that you are not. As the member with the lead amendment in the group, Mike Rumbles has that right. Unfortunately, other members do not.
Ms White:
SNP
I will therefore continue. I am aware that the committee has been considering the bill for many weeks and, as I said, members are familiar with the third-par...
Donald Gorrie (Central Scotland) (LD):
LD
Mike Rumbles and Sandra White have covered a lot of the arguments for a third-party right of appeal. Amendment 251 tries to keep to what I think is the basic...
Christine Grahame (South of Scotland) (SNP):
SNP
I heard what Mike Rumbles had to say, but amendment 126 is too broad. In the example that he gave, he kept talking about a mistake by a planning officer. Jus...
Tricia Marwick (Mid Scotland and Fife) (SNP):
SNP
I congratulate Sandra White on lodging amendment 130 and on the work that she has done in the Parliament over the years to campaign for a limited third-party...
Scott Barrie (Dunfermline West) (Lab):
Lab
Sandra White is right to say that the planning system needs to be transparent, fair and just. There is no doubt about that. My difficulty with amendments 126...
Patrick Harvie (Glasgow) (Green):
Green
I will begin with the question that Mike Rumbles and Scott Barrie touched on—whether the third-party right of appeal is consistent with the bill and the prin...
Cathie Craigie (Cumbernauld and Kilsyth) (Lab):
Lab
I agree with Scott Barrie's points. I have been nudging him; perhaps he was looking over my shoulder at my notes.Unfortunately, some of the people who have b...
Euan Robson (Roxburgh and Berwickshire) (LD):
LD
I am interested in Sandra White's amendment 130, which is so limited that I wonder whether it is worth while. People would have to pass through a series of h...
John Home Robertson (East Lothian) (Lab):
Lab
Mike Rumbles cited the case of a neighbour who feels aggrieved when a local authority grants planning permission for a development next door. We have all hea...
Dave Petrie (Highlands and Islands) (Con):
Con
I have listened to all the arguments on both sides and I remain unconvinced about the third-party right of appeal. However, I am not saying that I will not s...
The Convener:
Lab
There are strongly held views on both sides of the argument on rights of appeal. Everyone is striving to create a planning system that is open, transparent a...
The Deputy Minister for Communities (Johann Lamont):
Lab
Amendment 126 from Mike Rumbles and amendment 130 from Sandra White seek to introduce some form of limited third-party right of appeal into the planning syst...
Mike Rumbles:
LD
We have had a fascinating and constructive debate, which has teased out misunderstandings. I am disappointed by my own inability to get across the purpose of...
John Home Robertson:
Lab
That is a threat. Laughter.
Mike Rumbles:
LD
I thought that the convener made the point well that we are all here to try to do the best for the system. That is why I am making an appeal. I feel that 99 ...
The Convener:
Lab
The question is, that amendment 126 be agreed to. Are we agreed?
Members:
No.
The Convener:
Lab
There will be a division.
ForHarvie, Patrick (Glasgow) (Green)AgainstBarrie, Scott (Dunfermline West) (Lab)Craigie, Cathie (Cumbernauld and Kilsyth) (Lab) Grahame, Christine (South of...
The Convener:
Lab
The result of the division is: For 1, Against 8, Abstentions 0.
Amendment 126 disagreed to.
Amendment 130 moved—Ms Sandra White.
The Convener:
Lab
The question is, that amendment 130 be agreed to. Are we agreed?
Members:
No.