ACCC/C/2022/196 United Kingdom

Case status: Pending.
Follow-up: -
Topics: Access to justice.
Articles alleged: 9(2) - (4).
Articles considered by the Committee: -
Articles, if any, found in non-compliance: -
Summary: The communication was submitted to the Compliance Committee on 29 August 2022 by the non-governmental organization, Environmental Rights Centre for Scotland, and others. The communication alleged non-compliance by the United Kingdom with articles 9(2) - (4) of the Convention with respect to access to justice regarding planning decisions.

Document	Status	Date received or posted by the secretariat
Communication Annex 1: Extracts of the Town and Country Planning (Scotland) Act 1997 Annex 2: Extracts of National Planning Framework 3 Annex 3: The Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009 Annex 4: Sally Carroll v Scottish Borders Council, 2015, CSIH 73 Annex 5: Planning Circular no. 6/1990: awards and expenses Annex 6: West v Secretary of State for Scotland 1992 SLT 636 Annex 7: Extracts from Neil Collar, Planning Annex 8: Planning Democracy letter dated 03.12.2021 Annex 9: Planning Democracy email dated 20.01.2022 Annex 10: Scottish Government letter dated 28.01.2022 Annex 11: ERCS’s letter dated 03.03.2022 Annex 12: Scottish Government letter dated 07.04.2022	From the communicants	29.08.2022
Statement on preliminary admissibility	From the communicant	06.12.2022
Statement on preliminary admissibility	From Party concerned	09.12.2022
Oral statement on preliminary admissibility	From the Party concerned	13.12.2022
Letters to the Party concerned and the communicants enclosing Committee's determination of preliminary admissibility and forwarding the communication for the Party concerned's response	From the secretariat	21.02.2023
Response to communication: Index to annexes Annex 1: Town and Country Planning (Scotland) Act 1997, excerpts Annex 2: Stringer v Minister of Housing and Local Government [1970] 1 W.L.R. 1281 Annex 3: Sally Carroll v Scottish Borders Council [2015] CSIH 73 Annex 4: R (Alconbury Developments Ltd and others) v Secretary of State for the Environment, Transport and the Regions [2003] 2 AC 295 Annex 5: Public Consultation - Rights of Appeal in Planning Annex 6: Communities Committee Stage 1 Report Annex 7: Planning etc. (Scotland) Bill Stage 1 Chamber Proceedings Official Report, 17 May 2006 Annex 8: Communities Committee, Planning etc. (Scotland) Bill Stage 2 Annex 9: Communities Committee, Planning etc. (Scotland) Bill Stage 2 Annex 10: Independent review of the Scottish planning system Annex 11: Planning Bill, stage 1 briefing on equal rights of appeal Annex 12: Stage 1 Committee Report for 21 March 2018 Annex 13: Official Report of meetings of Parliament on 29th May 2018 (Stage 1) Annex 14: Official Report of meetings of Parliament on 7th November 2018 (Stage 2) Annex 15: Official Report of meetings of Parliament on 19th June 2019 (Stage 3) Annex 16: Scottish Planning Series, Planning Circular 3-2022 Development Management Procedures Annex 17: Scottish Planning Series, Planning Circular 4-2013 Planning appeals Annex 18: Local Development Planning Guidance Annex 19: Scottish Planning Series, Planning Circular 1-2022, Local Place Plans Annex 20: National Planning Framework 4 Annex 21: Findings and recommendations with regard to ACCC.C.2010.45 and ACCC.C.2011.60 Annex 22: ACCC-C-2010-45 Communication Annex 23: ACCC-C-2011-60 Communication Annex 24: Findings and recommendations with regard to communication ACCC.C.2013.90	From the Party concerned	21.07.2023