SMITH TO RAISE PLANNING FAULTS IN PARLIAMENT

11.30.00am BST (GMT +0100) Thu 29th May 2008

North East Fife MSP Iain Smith is to raise concerns in the Scottish Parliament about the shortcomings in the planning process highlighted by the controversial travellers site at Fordelhill, near Wormit in North East Fife.

Speaking following the narrow approval of the site by Fife Council this week, Iain Smith said that this case and that of a taxi firm in St Andrews had shown that the powers of planning authorities to deal with unauthorised developments are inadequate.

"There is understandable frustration in local communities that some people seem to be able to run roughshod over the planning rules that apply to the rest of us and get away with it.

"The present law does not provide sufficient powers or disincentives to discourage unlawful development.

"I have tabled a question to be answered in the Scottish Parliament next Thursday on the apparently low priority given to prosecuting breaches of Enforcement or Stop Notices by the Crown Office.

"And I am seeking a debate in the Scottish Parliament in which I will propose that where someone develops or operates without the appropriate planning approvals, there will be a presumption against them receiving approval for the development, and to reduce the grounds on which an appeal can be lodged against Enforcement or Stop notices.

"I hope this will receive cross party support and a positive response from the Scottish Government," Iain Smith concluded.

ENDS

Notes to editors

1- The text of Iain Smith MSP's motion:

Short Title: Enforcement of Planning Legislation

S3M-02011 Iain Smith (North East Fife) (LD): That the Parliament

notes with concern the difficulties faced by planning authorities, such as Fife Council, in attempting to deal with breaches of planning legislation through enforcement and stop notices; considers that development without the appropriate planning approval undermines the rule of law and the planning process and that the present planning legislation does not provide a sufficient safeguard against unlawful development; believes that appeals against enforcement or stop notices should not be permitted on the grounds that planning permission for the development would have been granted or that a planning application for the development has been submitted; further believes that there should be a presumption against approval for any development that has been carried out without the appropriate planning approvals, and desires a consultation on these proposals.