Time for Third Party Right of Appeal for Local People in Planning cases

28th September 2018

Local people and communities should have a right of appeal against planning decisions they disagree with – if the decision is not in accordance with the Development Plan. Rutherglen Liberal Democrat Councillor Robert Brown supported the call for what is known as “third party right of appeal” in a debate at South Lanarkshire Council on Wednesday

Robert Brown said:

“I have long thought the planning system can be unbalanced in favour of developers. I was involved in the introduction of compulsory pre application consultation on major developments by Liberal Democrats in the Labour/Liberal Democrat Coalition in Scotland in the Planning etc (Scotland) Act  2006 – and that has been an improvement.

However it is entirely unsatisfactory if the views of local communities can be overridden by breaching the framework of the Development Plan. The Scottish Parliament are looking at planning legislation just now and I think this issue should be looked at again. It is not satisfactory if only developers can appeal decisions they don’t like but local communities never can.

There seemed to be broad support for this in the Council, although the SNP Administration rather watered down the motion.”


Notice of Motion

Motion received in terms of Standing Order No 19 on 10 September 2018, proposed by Councillor Graham Scott, seconded by Councillor Walter Brogan, as follows:

“That South Lanarkshire Council:-

  • ¨Notes the progress of the Planning (Scotland) Bill through the Scottish Parliament
  • ¨Notes that the draft Bill makes no provision for reforming or equalising rights of appeal, despite

this being a key concern for local communities and key groups engaged in the planning system

  • ¨Acknowledges that Planning Democracy Scotland advocates equalising rights of appeal by extending a limited right of appeal to communities in certain circumstances where developments are approved which are not in accordance with the development plan, and

limiting the developer right of appeal to ensure a plan-led system

  • ¨Believes that such an approach would help ensure that the voice of communities is strengthened and that the planning process operates in the wider public interest

¨Council therefore commits to write to the Minister for Local Government and Housing and to the LGCC of the Scottish Parliament urging them to support amendments to the Bill which would bring about more equal rights of appeal.”

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