To ask the Scottish Executive whether there is a formal requirement for developers to carry out a pre-application consultation with communities when a national development is consented through a regulatory system that does not require planning permission and, if not, what action it takes to ensure communities do not miss out on consultation in such circumstances.
The statutory requirements for pre-application consultation with communities as set out in planning legislation do not apply across alternative consent regimes. The main alternative consent regimes are listed below with an outline of their public consultation requirements. The exact consent procedures for each national development have not yet been determined, but, depending on the specific project, is likely to involve one or more of the procedures listed (and/or a planning application). Where consent for a project was pursued through an Act of Parliament, the procedures would be a matter for Parliament.
Electricity consent applications - In accordance with The Electricity (Applications for Consent) Regulations 1990, all applications for consent under Section 36 of the Electricity Act must have notices published for two successive weeks in one or more local newspapers circulating in the locality of the proposed development, in the Edinburgh Gazette, and in one or more national newspapers. These notices will contain information enabling members of the public to make representations on the proposal. Pre-application consultation with communities by the prospective applicant is increasingly encouraged as good practice.
Transport and Works Orders “ Where a project sought consent under the Transport and Works (Scotland) Act 2007, applicants are required to demonstrate on making a full application that they have carried out publicity and consultation on their proposals. Ministers can then take due account of any representations received. Proposals have to be advertised in a local newspaper and 42 days allowed for representations to be made to ministers.
Harbours Orders “ The Harbours Act 1964 requires, a public notice of the application to be placed in the local press and 42 days allowed for objection/representation to be made to ministers.
The Roads (Scotland) Act 1984 - Nothing under this act would authorise a national development by a developer but it is possible that roads to be constructed by the Scottish Ministers could be designated a national development. Scottish ministers are required to publish a notice of their proposal to make an Order to construct trunk roads under the act in at least one local newspaper, a national newspaper and the Edinburgh Gazette and 42 days are allowed for objections to be made. If there are objections to the Orders there may be a Public Local Inquiry. In the case of Orders which would constitute a national development, Section 143A of the act provides that those orders may not simply be made but are to be laid before Parliament and are subject to affirmative parliamentary procedure. Section 143A also applies to schemes under section 7 of the act which constitutes a national development.