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04 May 2004
PETITION TO PARLIAMENT
 

Rod Wallace

 
DUNDEE CITY COUNCIL is to petition the Scottish Parliament in a bid to change the law governing planning appeals, writes Brian Allison, local government reporter.
For more than a year the council has been expressing increasing concern at a system which allows unelected civil servants to overturn the decisions of democratically elected councillors on the planning merits of applications.

The council has claimed there is a democratic deficit in the appeal system where a Scottish Executive Reporter can reverse a decision made on planning grounds by local councillors.

It is accepted there should be a right of appeal where the council has erred in law in reaching its decision, but not on the planning merits of an application.

Development quality convener Rod Wallace said, “There has been considerable concern that decisions made in the city by people who have knowledge of the local situation have been overturned by officials who know little or nothing of the area.

“We believe the present planning appeal system leaves much to be desired.

“That is why we are now pressing for action to be taken to ensure that the interests of people in our communities are better recognised.”

Planning and transportation convener Fiona Grant said, “The current system is unfair and a finalised version of our petition is being sent to the Scottish Parliament’s public petitions committee in the hope that MSPs will support it and amend the appeal system.”

Tay Bridges ward councillor Fraser Macpherson has been particularly critical of the appeal system, having seen a number of decisions affecting his area overturned.

He said he was very pleased that the council was to petition the Scottish Parliament over the issue.

Councillor Macpherson said, “Councillors of all parties have expressed concern about the current system, which has resulted in the wishes of local communities being overturned by the Reporter.”

Dundee’s concerns were highlighted to the Executive last month when Liberal Democrat MSP Donald Gorrie questioned deputy communities minister Mary Mulligan about the planning system, specifically referring to the city council’s claim of a democratic deficit.

Ms Mulligan had pointed out that local communities can seek further redress against the Reporter’s decision through the courts.

However, Mr Macpherson said court action would only apply to points of law and did not cover the planning merits of an application.