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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 20 April 2025
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Displaying 1063 contributions

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Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

That is correct, unless officials are going to tell me that there is more nuance to it.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

That is a good question, and I would note first of all that the consultation period is longer than that for planning applications, which is typically a minimum of 21 days. A 30-day period is the longest in the various existing regimes—in this case, the environmental impact assessment process that we had to consider. Therefore, we asked in the consultation whether 30 days were sufficient, and there was overwhelming support for the proposal. Indeed, 73 per cent of those who took part in the consultation indicated that that was sufficient time. Therefore, we think that that period is long enough, and it strikes a balance between providing an opportunity for engagement and giving interested parties the scope to comment, and keeping the process moving.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

We are comfortable that its being available online is sufficient. I understand that that will have been part of the consultation process. Kristen, do you want to comment on the specifics?

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

I will defer to my officials, who will be able to give more detail on the consultation process through which members of the public will have the opportunity to have sight of the amendments and comment on them. Perhaps Ruairidh Anderson would like to say more about that.

09:15  

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

Yes. I will let my officials comment on that, too, but it would be the same process as for the creation of an LDP. It would come to ministers and we would consider it in most, or indeed all, cases. Ruairidh, will you clarify that point?

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

There is scope within the regulations for planning authorities to pass that cost on to the developer. That scope has been built in specifically with that situation in mind.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

It is a legitimate point. I think that William Carlin will come in in a minute on this, but I understand that the environmental impact assessment would be done on the basis of the proposal for the MCA—what was going to be allowed to happen in the MCA—so it would be designed to cover that provision. What you are allowed to do in the MCA must be aligned with what has been approved, which would have the EIA associated with it. William, do you want to comment on that?

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

Again, I will let Kristen Anderson come in on the detail of that, but I highlight that the 30-day period is specified in the SSI. The guidance is really just—as it says—to assist those who are going through the process in how they take things forward.

I will let Kristen talk you through the specifics of what the engagement process would look like for larger MCA applications.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

There is always a process to be gone through to get an MCA approved, and the local authority absolutely has the scope to alter it throughout the process on the basis of any input that it might receive. The MCA process is designed to be a proactive one, in which the planning authority identifies the needs and works with partners collaboratively to take forward something that it thinks will meet those needs. On the specific question, hearings would be required in circumstances where the scheme covered a national development as identified in NPF4.

Local Government, Housing and Planning Committee

Subordinate Legislation

Meeting date: 29 October 2024

Ivan McKee

Again, I will ask my officials to clarify the specific details on that. The MCA process would broadly follow the existing process for planning applications. There would be an opportunity for members of the public to comment, and there would be consultation, depending on the scope and scale of the proposal. Ruairidh, will you clarify that point?