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The Finalised Local Plan Amendment was approved by the Scottish Borders Council on 20 August 2009. 

 

The report to Scottish Borders Council on 22 April 2010 on the Response to Consultation on the Finalised Local Plan Amendment can be viewed here.

 

The consultation period on the Finalised Local Plan Amendment started on 14 October 2009 and closed at Noon on 27 November 2009. 

 

Formal Consultation on the Finalised Local Plan Amendment

During the consultation period concise representations setting out the case in full should be sent to the Council (Circular 1/2009 refers to no more than 2000 words and limited supporting productions in regard to new Local Development Plans). Representations should meet the requirements of the new examination process which is explained in more detail in the section below.

 

Examination into the Finalised Local Plan Amendment

If representations are made to the planning authority about the plan and any matters of dispute are not resolved, the planning authority must submit the plan to the Scottish Ministers for examination. Ministers will appoint a person, or persons (normally Scottish Government Reporters), to carry out the examination. The arrangements for the examination will be made by the Directorate for Planning and Environmental Appeals.

From 28 February 2009 new examination procedures are applied to the Local Plan Amendment which was already at an advanced stage of preparation. The procedures apply after the plan has been on deposit for public inspection and the period for lodging objections has expired.

In applying the intentions of the new legislation during this transitional phase, the main changes to the process are:

• Scottish Ministers, and not the planning authority, will appoint the Reporter(s);
• The planning authority will be expected to submit, at the outset, all the material necessary for the examination, including a summary of the unresolved issues arising from those objections not withdrawn;
• The Reporter will decide how to conduct the examination and, for each issue, whether s/he requires further information;
• The examination will be led by the Reporter, and neither the objector nor the planning authority have a right to be heard at a public local inquiry;
• For most issues, no further information should be required, but if it is, the Reporter will decide who will be asked to provide it;
• A written submission setting out the information requested should usually be sufficient;
• The Reporter may decide to hold a hearing if that is needed to explore the information further, and will decide who to invite to participate in the discussion at the hearing;
• Only exceptionally will an inquiry session be necessary to test the information through cross-examination;
• The Reporter will submit a report of the examination to the planning authority, containing his or her conclusions and recommendations on each issue; and
• Any modifications to the plan which are recommended by the Reporter will generally be binding on the planning authority.

The statutory basis for the examination is set out in the Town and Country Planning (Scotland) Act 1997, and in the  Town and Country Planning (Development Planning) (Scotland) Regulations 2008.

Guidance on the procedures for the examination is set out in the Scottish Government's Planning Circular 1/ 2009. This should be referred to by planning authorities and by those who lodged an objection to a local plan which has been submitted for examination.