Third Party Right of Appeal Rejected: Planning (Scotland) Bill

12th November 2018

The Local Government and Communities Committee has rejected an amendment to the Planning (Scotland) Bill that would have introduced Third Party Right of Appeal.

What is the Planning (Scotland) Bill?

The Planning (Scotland) Bill was introduced on 4th December 2017  and it is intended to strengthen the planning system’s contribution to inclusive growth and empowering communities (click for more information).

Third Party Right of Appeal

What is Third Party Right of Appeal?

First Party – Proposer of the application
Second Party – Local authority
Third Party – Community or individual that is objecting a proposal

Currently, in Scotland, a developer has the right to appeal when planning permission has been refused, however, the objector (Third Party) does not have a right to appeal if planning permission has been granted.

Planning minister, Kevin Stewart stated that the introduction of Third Party Right of Appeal would add confusion to the planning process as well as damaging the planning system by causing additional conflict and blocking development opportunities.

The bill aims to create significant more homes in Scotland, whilst allowing communities to have more of a say about changes to the places they live.

Stephanie Linnell, Associate at George F. White said:

“Whilst it is vital that communities are involved in the development of their area, this should be through the preparation of the Local Development Plan and engagement in specific planning application proposals.

Engagement needs to be strengthened as part of the process of planning applications, rather than as a last resort to appeals which would remove local decision making bodies to a central body.

We will need to wait for the outcome of the Planning (Scotland) Bill at stage three.”

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