§ Mr. SalmondTo ask the Secretary of State for Scotland how long a planning appeal to his Department may be outstanding before a public inquiry must be held; and if he will make a statement. [12246]
§ Mr. KynochPlanning legislation does not limit the period within which a public inquiry into a planning appeal must be held.
§ Mr. SalmondTo ask the Secretary of State for Scotland what are the regulations relating to amendments to a planning application in the appeal process being accepted by the report to the inquiry unit; and what are the inquiry's powers in this respect. [12247]
§ Mr. KynochPlanning regulations neither provide for, nor restrict, amendment to planning applications during the appeal process.
The consideration of applications at appeal is based primarily on the details of the proposal as submitted to and considered by the planning authority. Alteration to the detail of an application at appeal stage may exceptionally be allowed by the reporter provided that parties to the appeal are not prejudiced in any way and the following criteria are satisfied.
the alteration does not fundamentally alter the nature of the proposed development;those parties consulted or notified of the original application are re-consulted or notified in any case where amendment is likely to have significant change in the impact of the development;the planning authority and all parties have adequate opportunity to consider the amendments;whether the application is solely for change of use, or is an outline application or is for full planning permission for all building and engineering works.
§ Mr. SalmondTo ask the Secretary of State for Scotland what is the average time lapse between the lodging of planning appeals and the holding of a public inquiry. [12252]
§ Mr. KynochOf those planning appeal cases dealt with by public local inquiry in the years 1994 and 1995, the average time lapse between the lodging of the appeal and the commencement of the inquiry was 40 weeks and 31 weeks respectively.