Most of you have probably seen the Scottish Government Planning Review report http://www.gov.scot/Topics/Built-Environment/planning/Review-of-Planning and came across Planning Democracy’s concerns over the recommendations in the following Press Release: The Planning Review has listed some important measures that may help to address the inequities of our planning system, however it does not go nearly far enough to ensuring genuine community empowerment and equality.

The absence of an Equal Right of Appeal in the recommendations is an outrageous omission in the review. An overwhelming majority of the community respondents championed for ERA and we do not believe the review can fully address the range of inequalities in the planning system without it.

Clare Symonds, Chair of Planning Democracy stated “As they stand the recommendations will not address the fundamental power imbalances in the planning system. Our newly elected government have committed to “empower individuals and communities in Scotland”. In order for the government to truly address the inequalities and lack of empowerment in the current system it must give communities the right to appeal.”

The review lists common misconceptions about ERA as a hurdle to recommendation, however if applied appropriately even a limited appeal right for both sides of the debate would streamline the planning process and allow for a fairer and more equal system.

There is a growing chorus of politicians, local authorities and community groups who support an Equal Right of Appeal for the people of Scotland and we look forward to working with Cabinet Secretary Angela Constance to ensure that reforms to the planning system truly achieve the government’s goal of community empowerment and fairness.

Further analysis can be found in Planning Democracy’s latest blog post: The Good, The Bad and the Ugly of the Planning Review http://www.planningdemocracy.org.uk/2016/good-bad-ugly-planning-review/
Basically the Panel’s recommendations are not good enough as they had ignored the groundswell support for the Equal Rights of Appeal. We are angry at being fobbed off and need to show that we strongly believe the Government could do better for the communities!

Please write to your local paper and your MSP expressing your own anger and frustration (or using and adapting the templates below).

Possible letter to Press:
After reading the recommendations from the ‘independent’ panel on the Scottish Government Planning Review report I am extremely concerned that the panel were not persuaded that the Equal Rights of Appeal should be introduced. Despite some welcomed recommendations about strengthening and improving development plans and more effectively joining up with the land reform, community planning and community empowerment agendas, the report does not go far enough to redress the current power imbalance for the communities without giving them equal rights of appeal.

Sadly, the Panel still refers to the ‘third party rights of appeal’ which is now an outdated term reducing local people affected by developments to third class citizens with no voice. Communities should really be the first party or at least an equal party when their homes and livelihoods are threatened by outside developers, and to have no say in the matter is absolutely scandalous.

More worryingly, the example from Ireland (where a developing form of Equal Rights of Appeal has been in use for the past 15 years) was miss-represented as evidence wrongly stating it will waste more time when in fact it proves exactly the opposite. The system is working well causing no extra delays and ERA was only used in a small number of cases where it was proven to be completely justified.

Without this inclusion the review seems flawed and still in favour of the builders and developers. As an active citizen spending much time participating in the planning process I feel deeply disappointed with this outcome and would like to appeal to the Scottish Government to carefully consider this recommendations, especially the lack of evidence used to advise against Equal Rights of Appeal.

I would like to bring this matter to attention of the general public, our elected representatives and the people in Scottish Parliament who will be ultimately be making the final decision to ensure any reforms of the planning system recognise the communities as equal partners in the process.

Letter to MSP:
[Find your MSP by postcode via this link.]  http://www.parliament.scot/help/32438.aspx

Dear …
After reading the recommendations from the ‘independent’ panel on the Scottish Government Planning Review report I am extremely concerned that the Panel were not persuaded that the Equal Rights of Appeal should be introduced. Despite some welcomed recommendations about strengthening and improving development plans and more effectively joining up with the land reform, community planning and community empowerment agendas, the report does not go far enough to redress the current power imbalance for the communities without giving them equal rights of appeal.

Sadly, the Panel still refers to the ‘third party rights of appeal’ which is now an outdated term reducing local people affected by developments to third class citizens with no voice. Communities should really be the first party or at least an equal party when their homes and livelihoods are threatened by outside developers, and to have no say in the matter is absolutely scandalous.

More worryingly, the example from Ireland (where a developing form of Equal Rights of Appeal has been in use for the past 15 years) was miss-represented as evidence wrongly stating it will waste more time when in fact it proves exactly the opposite. The system is working well causing no extra delays; ERA was only used in a small number of cases where it was proven to be completely justified.

Without this inclusion the review seems flawed and still in favour of the builders and developers. As an active citizen spending much time participating in the planning process I feel deeply disappointed with this outcome and would like to appeal to the Scottish Government to carefully consider this recommendations, especially the lack of evidence used to advise against Equal Rights of Appeal.

As my elected representative to the Parliament I would like to ask for your help in bringing this matter to attention of the people who will be ultimately be making the final decision / Cabinet Secretary Angela Constance? to ensure any reforms of the planning system recognise the communities as equal partners in the process.

Yours sincerely…

Please add some examples from your own areas to illustrate the point and contact me if you have any other suggestions. In hope you will join us making some noise about this issue,

Kind regards,
Daya Feldwick
Peer Support Network Coordinator

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