National Planning Framework - The Need for Public Examination

Posted: November 7, 2006

Download Full Article: National Planning Framework.pdf

The following is an extract of a paper delivered by Ralph Smith QC at the National Planning Conference on 19 September 2006, organised by Holyrood Communications. The conference was sponsored by the Faculty of Advocates and chaired by the Rt Hon Lord Hardie.

Summary
Mr Smith examines the proposals for a national planning framework.  Background policy documents indicate that the forthcoming statutory national planning framework is to have an enhanced role as a more powerful instrument for securing the delivery of national policies and programmes.  The present intention is for it to act as a top level strategy document, relating in particular to what might be termed public infrastructure.  Mr Smith points out that under the widely drafted Bill it could be possible for future policymakers to promote specific development proposals including site specific proposals and proposals not necessarily involving public infrastructure. Combined with the lack of legal right for the making of objections, or scope for independent examination of proposals, there is a case for inclusion in the Bill of greater checks and balances as used elsewhere in the planning system.

(For full paper please download using link at the top of the page.)