PLANNING FOR REAL PEOPLE

Moray Council’s Legal Manager put it well as she announced the cost to her Council of a recent two-windfarm public inquiry. As she announced a bill north of £150,000, not including her own and colleagues’ time, she said “We can’t compromise our principles, but we will have to look at how those are represented, and it’s a discussion we need to have.” The law relegates Councils to the lesser status of consultees, but consultees with a difference, for a Council-led objection triggers a mandatory public inquiry, thus putting at risk these massive costs, and depleting Council resources in a time of severe economic stress. This in turn discourages Councils from supporting their own local development plans, for they know that there can be a severe financial downside in doing so, whether they “win” or not. LDP’s emerge from long periods of gestation and scrutiny every five years or so, and are the democratic expression of what elected representatives see as the most favourable outcome for their constituencies. Experience suggests they really do know best. The expression of the local democratic will is important in a civilised country. The Scottish Government has not been able to resist increasing the depth and vice-like grip of its control. By starving Councils of funds, the SG has made it impossible for Council planners to recruit good people and allow themselves to function as they should. Today, they cannot bring to life their Members’ aspirations. They cannot follow their LDPs. As the lady said, they have to compromise their principles, by turning a blind eye to obvious developerexcess, which is ever-present. Qualitative, measured decisions about what may be best are turned into decisions always dictated by financial risk. If Councils pull out of the battle because it all becomes too much for them, as happens, who carries the burden of articulate opposition? It’s the public, who live in the areas where development is proposed. Third Party Groups, called STOPthis and NOTthat spring up and are carefully and thoughtfully led by keen local people. They often do a good job, but they too have to buy in expertise. They too have to pay, often a great deal of money. The process is so uneven and characterised by financial imbalance that it becomes a caricature of  Planning and turns into a David and Goliath match. In fact, David had a better chance. There is another way. Perhaps two, even three.

1 The developer should pay for the Councils’ whole scrutiny of their applications. At present ad valorem fees are charged. They don’t scratch the surface of actual costs. Fees should be raised to meet the actual cost of scrutiny, from the day the application is received until the day it is decided. Officials need to keep a timesheet. Those costs should be professionally audited on a reimbursement basis, avoiding profit for the Councils but ensuring that they are not out of pocket.

2 The right of all parties to claim expenses should be abolished. As much as anything, it is the fear of an expenses claim that stops Councils speaking their minds. If a claim for expenses was impossible, Councils would be emboldened to do the right thing as they see it, which is what really matters. Getting it wrong – even a little bit wrong – and being hit with massive bills is just plain wrong.

3 Finally, developers should pay a fixed quota towards legal help for the public. Not for all of it, as that would be out of proportion. But a fixed quota, paid up front, would help to rebalance the process. It is as likely as hell freezing over that the obsessional control mentality of the Scottish Government will relax, even by a millimetre. But we are approaching a status quo in the control régime where local government, with all its engrained expertise and local knowledge, is largely irrelevant, and the informed views of the people who live where development is proposed are as dust in the wind, here for an instant, then gone forever. The pompous pronouncements of a “fairer, more equal Scotland” ring hollow, false and meaningless. And the thing is, everybody knows it.