Court case has implications for Local Plan reviews
Last updated | 22/02/2008
A report to the Enterprise and Infrastructure Committee on Wednesday 30 January will outline the implications of a recent High Court case on the finalisation of the Perth, Perth Central Area and Eastern Area Local Plans.
The committee will hear that a decision in September 2007 by Northern Ireland’s High Court concerning Strategic Environmental Assessments (SEAs) means that no further progress on the Local Plans is possible.
The ruling on the Northern Irish Area Plans and their SEAs introduces uncertainty over certain plans and programmes including Local Plans in relation to the preparation of SEAs.
Work on the finalising of the Perth & Kinross plans was well advanced. However, legal advice taken by the Council in light of the court decision warned that the risk of continuing to devote time and resources to the Plans, with the prospect of a successful legal challenge at a later date, is too great.
With a major review of planning legislation in the process of being implemented, the Scottish Government has advised against starting work on new plans until October of this year, when new Development Planning Regulations come into force.
The review of the Perth Area and Perth Central Area Local Plans was published for comment in December 2004 and consultation took place during January and February 2005. The Eastern Area Local Plan review was published in draft in July 2005. Both plans were being advance according to views expressed through consultation, and were due to be reported to Committee early this year.
Committee Convener, Councillor John Kellas, said: “The situation is disappointing, but after exploring all possible options it has been concluded that the Council has no choice but to halt any further progress on the current Local Plan reviews.
“However the information in the Drafts still represents the Council’s emerging view on a number of planning issues. Our current adopted Plans will also continue to provide a robust land use and policy framework in the meantime.
“The valuable work already carried out in the Draft Plans will be rolled on and will assist in bringing forward our new-style plans at the earliest opportunity.”
