Challenging inequality in the planning system
We are challenging the inequality in planning appeal rights between developers and members of the public in Scotland.
Overview
Currently, only developers have the right to appeal refusals to their planning applications at low or no cost.
Members of the public in Scotland do not have the same right to appeal planning decisions. This means that the only way members of the public can challenge poor planning decisions is by going to court. This is unaffordable for most people and courts do not consider the merits of cases.
In 2021, unequal planning rights in Northern Ireland were found to be in breach of the Aarhus Convention.
What action are we taking?
We argue that like in Northern Ireland, Scotland’s planning law is not ‘fair’ and therefore in breach of Article 9 of the Aarhus Convention.
In 2022, we submitted a formal complaint to the Aarhus Convention Compliance Committee with Planning Democracy, Friends of the Earth Scotland, and RSPB Scotland.
Equal rights for better planning
An equal right of appeal would encourage local community and environmental considerations to be given their proper weight, leading to improved social and environmental outcomes as well as sustainable development.
How are communities affected?
Watch the film by Planning Democracy to hear about the experiences of the Carmunnock and Stepps communities with planning decisions that infringed their environmental rights.
Updates
The UK Government responds to our complaint
Responding to the Aarhus Convention Compliance Committee, the UK Government argues that the lack of equal rights of appeal for communities in Scotland does not constitute a breach of Aarhus Convention. They say that our complaint “should be dismissed”.
The Aarhus Convention Compliance Committee decides that the complaint is admissible
Following a hearing on 13 December 2022, the Compliance Committee made a preliminary decision that our complaint was admissible. The UK Government opposed this.
We make a formal complaint to the Aarhus Convention Compliance Committee
With Planning Democracy, Friends of the Earth Scotland and RSPB Scotland, we make a formal complaint against the UK on Scotland’s unequal planning rights breaching Article 9 of the Aarhus Convention.
“Through ignoring calls to introduce Equal Rights of Appeal in planning decisions, the Scottish Government has missed a vital opportunity to empower communities and protect our environment.“
Benji Brown, ERCS Policy & Advocacy Officer
