Planning Bill "unworkable" after amendments, Society warns

The Planning Bill currently before the Scottish Parliament has been left "unworkable" by amendments made to it, and will impose significant costs on those involved in the planning process, the Law Society of Scotland warned today.

In a briefing issued to MSPs, the Society states that the bill must be made clearer if it is to deliver the planning development programme that Scottish communities deserve. While it welcomes proposals to increase community engagement in the planning process, it believes the bill risks adding significant additional costs on local authorities, developers and communities.

Since it was introduced, the bill has been significantly amended, resulting in around 60 additional duties on planning authorities and 25 on Scottish ministers. According to the Scottish Government’s revised cost benefit analysis, the changes which could result in costs of up to £74m for planning authorities and up to £12m for local communities.

Alastair McKie, convener of the Law Society of Scotland’s Planning Law Subcommittee, commented: "Planning is a matter which affects all communities and it is crucial that our laws are clear and understood by everyone involved in the planning system. We welcome the introduction of local place plans and changes to local development plans which will strengthen community engagement in the process. However, throughout the bill, there are instances of multiple amendments to the same sections and, as a result, the bill is now difficult to follow with complex and contradicting provisions.

"We welcome a number of the amendments lodged to the bill in advance of stage 3, some of which seek to restore the bill back in line with its original objectives. We are not in favour of a third party right of appeal being introduced at this stage and have called for sufficient parliamentary time for full consideration of the bill before a final vote in the Scottish Parliament.”

Click here to read the full briefing. The Society has also issued a short video on the bill ahead of the stage 3 proceedings.