OBJECTIONS TO THE FINALISED EAST LOTHIAN LOCAL PLAN 2005

The Finalised East Lothian Local Plan 2005, Written Statement and Plan, was placed on deposit for objections and representations between the 8th August and 20th September 2005. A total of 420 objections from 178 objectors was received.

The Council's position on each objection was agreed on 31 January 2006. Where that position was to accept an objection, in whole or in part, then appropriate amendments to the Finalised Plan were also agreed as Pre-Inquiry Changes. The Committee Report, the Council's response to objections to the Finalised Plan, and the proposed Pre-Inquiry Changes agreed on 31st January 2006 can be viewed via the links to the right.

The proposed Pre-Inquiry Changes were advertised between 10th February and 10th March 2006 to allow representations to be made on them. A total of 40 objections were made against specific Pre-Inquiry Changes.

The East Lothian Council meeting of 18th April 2006 considered the objections made against the proposed Pre-Inquiry Changes and agreed a response to each of them. The Council also agreed to make a limited number of further changes to the Finalised Plan in response to ongoing negotiation with other objectors. This 18th April 2006 report can be viewed via the links to the right.

THE PUBLIC LOCAL INQUIRY (PLI)

The process of negotiation and proposed Pre-Inquiry Changes reduced the number of unresolved objections to 279. The resultant PLI began in Haddington on the 13th June 2006, did not sit in July and August, and finished on the 29th November 2006. Of the 279 objections, 43 were heard at formal inquiry, 68 at hearing and 168 by written submission. The Reporter was Mr Iain G Lumsden MA (Hons) MSc MRTPI.

REPORTERS REPORT

The Council received the Report of the PLI into the unresolved objections to the Finalised East Lothian Local Plan 2005 in September 2007. The Report can be viewed by clicking on the links to the right. It is arranged according to the relevant chapter of the local plan with Chapter 9, Housing, having several sub-sections.

STATEMENT OF DECISIONS AND PROPOSED MODIFICATIONS

The PLI Report and its recommendations were considered by the Council at its meeting on 22 November 2007. The Council approved a Statement of Decisions on Reporter's Recommendations, agreeing the position the Council should take in respect of each of the Reporter's recommendations. This report is available by clicking here.

That same meeting also agreed the Proposed Modifications that the Council intends to make to the Finalised East Lothian Local Plan 2005. The modifications incorporate those of the Pre-Inquiry Changes approved on 31 January 2006, and those further changes approved on 18 April 2006, which the Council intends to pursue. They also include changes made as a result of submissions by the Council during the PLI that were accepted by the Reporter, the changes to be made following consideration of the Reporter's recommendations, and subsequent post-inquiry changes. This report is available by clicking here.

The availability of the Proposed Modifications must be advertised and they must be put on deposit for a period of six weeks during which time objections can submitted to East Lothian Council. Any such objections must be against a Proposed Modification and not against the content of the original Finalised East Lothian Local Plan 2005.

PROCEDURE FOR VIEWING AND MAKING OBJECTIONS TO PROPOSED MODIFICATIONS

Certified copies of the Finalised East Lothian Local Plan 2005, Written Statement and Plan, the Report of the Public Local Inquiry into objections to the Plan, the Statement of the planning authority's decisions and reasons with respect to each objection, and the list of Proposed Modifications to the Plan were deposited at:

• Environment Reception, John Muir House, Court Street, Haddington
• Musselburgh Library, Bridge Street, Musselburgh
• North Berwick Library, School Road, North Berwick
• Dunbar Library, Belhaven Road, Dunbar
• Prestonpans Library, West Loan, Prestonpans
• Tranent Library, Civic Square, Tranent

The deposited documents were available for inspection free of charge, from Friday 18th January 2008 until 12 noon on Monday 3rd March 2008.

A formal Notice advising of this period and of the procedure for making objections was placed in the Public Notices sections of successive editions of the East Lothian Courier and the East Lothian News. Those who submitted objections to the Finalised East Lothian Local Plan 2005 which were not withdrawn were sent a copy of this Notice, which can be viewed by clicking here.

Objections Received Against Proposed Modifications to Finalised East Lothian Local Plan 2005

During the six week period allowed for submitting representations, 15 objections were received. Three objections were against the proposed revision to Policy C8, Musselburgh lagoons and the remainder were single objections against a range of various other matters. Details of each objector and a summary of their objection is presented in the Summary of Objections table that can be accessed by clicking here.  This table also advises if, in the Council's view, the objection raises a new issue. If so, then the Council must offer the objector an opportunity to be heard at a local inquiry or other hearing. A new issue would arise if an objection was against a proposed modification that related to a matter not previously considered at the public local inquiry. Thus, an inquiry into a proposed modification would not be necessary if it resulted from a Reporter's recommendation, unless there had been a material change in circumstances. If an objection is not considered to raise a new issue, then it is at the Council's discretion to offer the objector an inquiry or hearing.

The objections are currently being considered and will be reported, together with a recommended course of action, to the next available Cabinet meeting. This is likely to be the one to be held on the 13th May 2008.