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Chamber and committees

Communities Committee, 14 Jun 2006

Meeting date: Wednesday, June 14, 2006


Contents


Subordinate Legislation

The Convener (Karen Whitefield):

I open the 20th meeting of the Communities Committee in 2006. I remind all those present that mobile phones should be turned off.

The first item on the agenda is subordinate legislation. The committee will consider four negative instruments relating to the removal of Crown immunity from planning controls in accordance with the provisions of the Planning and Compulsory Purchase Act 2004. Once the powers are brought into force, all Crown bodies will need to seek planning permission or listed building consent. The removal of Crown immunity will also place the requirements of the European environmental impact assessment on a statutory footing in relation to Crown development.


Planning (National Security Directions and Appointed Representatives) (Scotland) Rules 2006 (SSI 2006/265)

The Convener:

The rules make provisions for the procedure that Scottish ministers are to follow when they are considering giving a national security direction to require that a planning inquiry should not be held in public on the ground of national security. The rules include provisions on publicity, written representations, hearings and notification of their decision, as well as on the functions of appointed representatives. The Subordinate Legislation Committee did not raise any points in relation to the instrument. Does any member have any comment to make?

Members:

No.

Is the committee content with the rules?

Members indicated agreement.

The committee will not make any recommendation on the rules in its report to Parliament.


Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) (Amendment) (Scotland) Regulations 2006 (SSI 2006/266)

The Convener:

The regulations prescribe that when an application is made to ministers for urgent works to buildings on Crown land that are listed or in conservation areas, the Scottish ministers must publicise them in the same way as planning authorities do, with the exception of applications for works affecting only the interior of category B and C(S) listed buildings.

The Subordinate Legislation Committee has drawn the instrument to the attention of the committee on the grounds of defective drafting and failure to follow proper legislative practice. The Executive has acknowledged the errors and intends to produce an amending instrument as soon as possible. In particular, the Subordinate Legislation Committee has raised doubts about whether proposed new subparagraph (ii), which is inserted by regulation 2, is intra vires. Do members have any comments to make?

Members:

No.

Is the committee content with the regulations?

Members indicated agreement.

The committee will not make any recommendation on the regulations in its report to Parliament.


Planning and Compulsory Purchase Act 2004 (Transitional Provisions) (Scotland) Order 2006 (SSI 2006/269)

The Convener:

The order makes transitional provision for proposed developments by the Crown that were previously dealt with by way of non-statutory arrangements. It also contains transitional provisions in relation to hazardous substances consent, for which there are currently no administrative arrangements in relation to the Crown. The Subordinate Legislation Committee did not raise any points in relation to the instrument. Do members have any comments?

Members:

No.

Is the committee content with the order?

Members indicated agreement.

The committee will not make any recommendations on the order in its report to Parliament.


Town and Country Planning (Applications of Subordinate Legislation to the Crown) (Scotland) Order 2006 (SSI 2006/270)

The Convener:

The order sets out a list of subordinate legislation that relates to the planning system and applies each instrument to the Crown. The Subordinate Legislation Committee identified a number of drafting errors in relation to the order, which the Executive has undertaken to correct by way of an amending instrument. Do members have any comments?

Members:

No.

Is the committee content with the order?

Members indicated agreement.

The Convener:

The committee will not make any recommendation on the order in its report to Parliament.

I ask members to agree that we will report to the Parliament on our decisions on the statutory instruments that we have considered today. Are we agreed?

Members indicated agreement.

I suspend the meeting briefly to allow the Deputy Minister for Communities and her officials to join us.

Meeting suspended.

On resuming—