HC Deb 02 March 1981 vol 1000 cc34-5W
Mr. Wigley

asked the Secretary of State for Scotland if he will list the circulars he has sent to local authorities in Scotland since the passing of the Town and Country Planning (Scotland) Act 1972, concerning the powers which local planning authorities have under section 26(1) of that Act.

Mr. Rifkind

None.

Mr. Wigley

asked the Secretary of State for Scotland what proposals he has to issue a circular to local planning authorities in Scotland concerning their powers under section 26(1) of the Town and Country Planning (Scotland) Act 1972 in regard to access for disabled persons to public buildings.

Mr. Rifkind

I am considering at present how best to draw to the attention of planning authorities in Scotland their powers to impose conditions regarding access for disabled persons.

Mr. Wigley

asked the Secretary of State for Scotland on how many occasions local planning authorities in Scotland have refused planning permission for buildings to which the public have access on the grounds that no access facilities have been provided for disabled persons, under section 26(1) of the Town and Country Planning (Scotland) Act 1972.

Mr. Rifkind

I regret that this information is not available.

Mr. Wigley

asked the Secretary of State for Scotland in how many instances since the enactment of the Town and Country Planning (Scotland) Act 1972 his Department has been required to determine an appeal against the refusal of planning permission by a local planning authority for a proposed development, on the basis that the development did not make provision for access for disabled persons to a building or premises to which the public have access.

Mr. Rifkind

I am afraid this information could not be provided without disproportionate cost.

Mr. Wigley

asked the Secretary of State for Scotland on how many instances following the enactment of the Town and Country Planning (Scotland) Act 1972 his Department has been required to give evidence to any court hearings on questions of interpretation of section 26(1) of that Act.

Mr. Rifkind

Appeals to the Court of Sessions arising from planning decisions made by the Secretary of State frequently involve matters of interpretation of the scope of the powers in section 26 of the Town and Country Planning (Scotland) Act 1972. Information on the number of occasions when this has taken place and counsel have appeared on behalf of the Secretary of State is not available.