No probe into Scone homes Swinney says PKC’s conduct can’t be investigated
Scottish ministers have said they cannot investigate how Perth and Kinross Council finalised the Local Development Plan despite claims that its staff did not follow proper process.
Scone and District Community Council (SDCC) says it has evidence which suggests a former PKC official watered down the wording of an embargo on new housing north of village at the request of developers without consulting the public.
The group raised its concerns about the apparent lack of consultation ahead of a meeting last December where PKC officials further “redefined” the embargo to mean developments of more than 100 houses could be approved as long as the proposed Cross Tay Link Road is considered to be a so-called “committed project”.
Had the original wording of the embargo been included in the LDP - that developments of more than 100 houses would not be permitted until the CTLR is “constructed” - the group believes A& J Stephen’s current application to build up to 700 houses at Scone
North would not have stood a chance of being approved as it does now.
The community council formally asked Perthshire North MSP John Swinney to see whether he could persuade Scottish ministers to “call-in” the controversy and investigate the local authority’s conduct during the final drafting of the LDP.
However, Mr Swinney has now said that ministers are unable to investigate a planning authority’s conduct “based on a single case”. In addition, a Scottish Government spokesperson said Kevin Stewart MSP, the minister for local government and housing who Mr Swinney approached about the matter, has said ministers have “no powers” to change an LDP once it has been adopted by a council.
Mr Swinney told the PA: “The planning minister has explained in his reply that the responsibility for ensuring a full and proper exercise of planning responsibilities lies with the local authority.
“Ministers have put in place a framework to ensure local authorities operate to the high standards expected in all cases.
“Under the Planning Act, ministers would not be in a position to intervene to assess the performance of a planning authority based on a single case but on a longer term series of concerns about the performance of an authority.
“In the light of this clarification, I will pursue PKC – as I have been doing for some time – to fully and properly address the local concerns over the change in wording used to describe the Scone North development in the LDP.”
A Scottish Government spokesperson added: “Mr Stewart ... received correspondence from Mr Swinney [outlining] his constituent’s concerns regarding the PKC LDP.
“Mr Stewart has replied confirming that ministers have no powers available to them to modify a LDP once it has been adopted by a council and the PKC LDP was formally adopted by the council on February 3, 2014.”