Transport and the Environment Committee, 19 Sep 2001
Meeting date: Wednesday, September 19, 2001
Official Report
120KB pdf
Subordinate Legislation
Under agenda item 2, the committee will consider two negative instruments on telecommunications developments: the Town and Country Planning (General Development Procedure) (Scotland) Amendment Order 2001 (SSI 2001/245) and the Town and Country Planning (General Permitted Development) (Scotland) Amendment (No 2) Order 2001 (SSI 2001/266). Covering notes on both orders have previously been circulated, although we can issue more copies should members require them.
SSI 2001/245 was laid on 25 June 2001 and is subject to negative procedure. The committee is required to report on the order by 24 September, so today is our last opportunity to consider it.
SSI 2001/266 was laid on 20 July 2001 and is also subject to negative procedure. It will, in effect, replace SSI 2001/244, which has been revoked. We are required to report on the order by 1 October. That means that if we decide not to report on that order today, we have another opportunity at next week's meeting. The Subordinate Legislation Committee considered the orders on 4 September and agreed to seek further information on them from the Executive. Members have the relevant extracts from the Subordinate Legislation Committee's subsequent report to the Parliament.
In the covering note, members will read that we had a lengthy and—I hope—useful meeting with the Deputy Minister for Transport and Planning last week, at which we discussed fully the Executive's proposals. The committee expressed some concerns about aspects of the proposals, but I advise members that I have received no motions to annul.
Do members have comments on the two orders?
I am sorry for being late, convener.
I have comments on SSI 2001/266, which I know we do not have to consider until next week. I would appreciate it if we could delay consideration of that order until next week because I would like to seek clarification from the Executive on a certain part of the order that has come to my notice. I would like a definition of a completed installation in relation to the 14-day grace period that is mentioned. Only last night it was brought to my attention that one company in particular is disputing the meaning of a completed installation. In the eyes of the community and the local council, the company has not completed the installation and it is about to try to complete it well outwith the 14-day period, which ended on 6 August.
I have done some research and I understand that at least four local authorities in Scotland face similar situations, in which companies are disputing whether their installations were completed by 6 August and are attempting to work on installations. Therefore, I request that we delay making a decision on SSI 2001/266 to seek clarification from the Executive on the definition of a completed installation.
We have a good track record of reflecting communities' concerns about such matters. We do not have to consider SSI 2001/266 today, so I will err on the side of caution and accede happily to Fiona McLeod's request for the definition of a completed installation. I am not sure what that will add to the areas that are involved, but I am sure that the local authorities will be interested in the response from the Executive. I will liaise with Fiona McLeod on the detail of those matters so that the points that we make to the Executive are clear in order to ensure that we receive a clear response.
In that case, I suggest that we have nothing to report on SSI 2001/245 and that we delay consideration of SSI 2001/266 until our next meeting.
Members indicated agreement.