Thanks to Graeme Patrick for his recent post. We would be interested to hear from others on their experiences/views regarding the performance of LRBs; in particular the view of others on the questions that are posed by Graeme in his post.
I have not been and am still not entirely convinced that, save where matters proceed by way of a hearing, the LRB experience will differ to significantly from the planning committee experience. Where members have read all of the background papers and are otherwise well prepared, and where the issues are reasonably straightforward, I am not sure of the need for protracted discussion at the LRB meeting. Where, however, the issues are less clear-cut a different approach may well be required.
Graeme raises the question of independent advice for LRBs and whether professional colleagues of the appointed person can really provide it. He also asks whether they are likely to challenge the reasoning behind the appointed person’s decision. I think that answer is maybe yes, maybe no. It will all depend on a number of factors including, the culture within the planning authority, the strength of character and individual skills and capabilities of the individuals concerned, the relationship between the LRB and its advisors, and the quality of decision-making at first instance. The bigger question is perhaps not so much whether independent legal advice to the LRB can come from within the planning authority, but whether it will ever be widely accepted that it might.
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My experience of LRBs is that they act very much like committees and there is a tendency for the members to base their decisions as much on their personal knowledge of the area, and previous decisions made by the authority, rather than the evidence that is necessarily before them. That’s perhaps understandable I suppose.
As for external advice my only experience of this relates to Perth and Kinross where they have an external planning advisor. This has seemed to work OK. I’ve not come across an external legal representative.
My issue with LRBs is the time taken to determine cases, which seems to vary between the far too short (one consideration and no site visit!) to the ridiculously long. I have one case that has been going five months and there is still no end in sight!
Perhaps these are all the inevitable teething problems of a new system!