Developers' automatic right of appeal 'should be scrapped'

PROPERTY developers should be deprived of their automatic right to appeal against the refusal of planning permission by local councils, according to one of Scotland's planning leaders.

Trevor Davies, planning convenor for the City of Edinburgh Council, says the system would be fairer if developers' right to appeal was restricted - preventing lone civil servants from betraying the wishes of communities and their elected representatives, he argues.

He is also angry with the communities minister Malcolm Chisholm, for failing to consult local authorities over a proposed overhaul of the planning system, due to be unveiled next month. The minister's behaviour, Davies told the Sunday Herald, has been "foolish".

Under the current system, developers can appeal against a refusal by the local authority to a Scottish Executive reporter, who can overrule the authority's decision. This has often led to developments going ahead, despite strong opposition from local communities.

One recent case is a plan by Eastbay Homes to build 15 flats and houses on allotments at Spring Gardens next to Arthur's Seat in Edinburgh. The plan was opposed by local residents, councillors, officials and allotment-holders, but was given the go-ahead on appeal by the reporter, Alan Walker.

For Sam Murray, from the Federation of Edinburgh and District Allotments and Gardens Associations, it was a very distressing outcome which highlighted how unfair the whole process was. "I feel deep frustration and anger at the planning system, " she said.

"The reporter doesn't have to live with the repercussions, nor the developers who will make a huge profit from concreting over an important resource used by local people." The local MSP and former environment minister, Sarah Boyack, has asked the Executive to review the decision. "This highlights one of the problems with our current planning system, " she said.

Davies pointed out that developers could appeal against a decision because they didn't like it, or because it might damage their profits. "It is absurd, " he argued.

"And there is no reason on Earth why a single civil servant, usually from out of town somewhere, can be assumed to be able to deliver a better judgement for my city than 15 elected members." He pointed out that reporters were not accountable tothe electorate and had no responsibility to correct their mistakes.

"Once their decision is made they just walk away, " Davies said.

He has sent a report to Chisholm, outlining the reforms he thinks should be included in the policy white paper due out next month. He wants developers to be under a legal requirement to consult local people before they make a planning application.

"Then the only reason for the developer to appeal would be if the council has misbehaved in some way. If, for instance, we have not followed proper procedures or if we have acted outside the agreed development plan." Edinburgh handles over 5500 planning applications every year, more than any other local authority in Scotland. Yet Davies, and the Convention of Scottish Local Authorities (Cosla), complain that they have not been consulted by Chisholm on the white paper.

"You'd think that any new law would be thought through by central and local government working together, but the minister won't talk to us, " Davies said.

"When asked, he refused to talk with Cosla. I've offered to set up special private discussions for him, but he has declined even that. This is foolish. He has turned people against his proposals before we even see them." Davies's proposal to restrict developers' appeal rights was attacked by the Confederation of British Industry in Scotland.

"We would not wish those rights to be curtailed in any way, " said Iain McMillan, director of CBI Scotland.

"Economic development and the creation of jobs depends on development, and anything that holds that back would hold back Scotland's economic performance." The idea was backed, however, by Friends of the Earth Scotland. "If the Executive is serious about environmental justice then they must either grant limited rights of appeal for communities or remove the appeal rights of developers, " said the group's head of research, Dr Dan Barlow.

Chisholm's thinking on the planning white paper has been exposed by a memo he circulated to the Scottish Cabinet, which was leaked for a second time to the Sunday Herald last week. He wants to drop the idea that communities should have a right to appeal against planning decisions, and to introduce a new fast-track process for major developments.

rob. edwards@sundayherald. com

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