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Chamber and committees

Delegated Powers and Law Reform Committee


Pre Application Consultation Letter to Minister

Letter from the Convener to Minister for Public Finance Planning and Community Wealth, 10 September 2021


Dear Tom,

At its meeting on Tuesday 7 September 2021 the Delegated Powers and Law Reform Committee considered the following instruments:

  • Planning (Scotland) Act 2019 (Commencement No. 6 and Transitional Provision) Amendment Regulations 2021 (SSI 2021/291 (C.16))
  • Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2021 (SSI 2021/292)

As you will know, in SSI 2021/292 the suspension of the requirement to hold public consultation events about proposed building developments during the coronavirus pandemic is continued to 31 March 2022. Similar provision is made in SSI 2021/291 (C.16) which also defers to 31 March 2022 implementation of changes to pre-application consultations to require that at least two public consultation events must be held. As other coronavirus restrictions have been removed or relaxed in recent months, and it was not clear why these particular suspensions remained necessary, the Committee queried the delay in re-introducing the requirement to have public consultation events. The Committee noted that the move to online consultations appeared to have been a helpful additional means of reaching the public and questioned whether the effectiveness of online consultations has been evaluated.

While acknowledging that these are policy choices and so do not directly fall within the Committee's remit, they do touch on the wider requirement for a consistency of approach across subject areas in responding to covid. The Committee therefore agreed to make the lead committee aware of the queries raised and highlighted these in its report. It also agreed to write to you as the responsible Minister to highlight its discussion and for a response on these points

The Committee would welcome a response by Friday 24 September 2021.

Yours sincerely,

Stuart McMillan MSP

Convener of the Delegated Powers and Law Reform Committee