‘We know the limits of our powers’ – council chief clarifies the purpose of development charter
SHETLAND Islands Council (SIC) has moved to correct a widespread misconception that the local authority has powers to halt or limit the proliferation or large energy developments in the isles.
Chief executive Maggie Sandison was speaking in response to widespread criticism following the publication of a Shetland Development Charter.
Critics had described the eight-page document as a “classic example of saying almost nothing with an extraordinary number of words”, as a “developers’ mandate” that “is not in the best interest of Shetland”.
Some left ‘seriously unimpressed’ by Shetland development charter
But Sandison said the document, approved by councillors last month, contains nothing new and only pulls together development principles the council has been working on for several years, and which have been consulted on.
As a statutory planning authority, the council cannot take a position on or prejudge development, Sandison said when speaking to Shetland News this week.
The chief executive said she “absolutely recognises” the frustration the community feels about the amount and extent of developments lined up, but insisted that in response the council could only use the powers it has.
However, she added that when speaking to politicians and officials in Westminster or Edinburgh she and political leader Emma Macdonald were using every opportunity to explain the mood in the local community.
Overstepping those limited powers would be unlawful for the local authority, she said, and would – in consequence – be counterproductive as it would undermine the decision-making powers the council has as a planning authority.
“There is an absolute need to protect the council’s decision making powers as a planning authority and keep that clean because we want to make local decisions and we want to have local influence where we can,” she said, “[and] the development charter increases our capacity to influence without losing that right to make local decisions.”
As such the charter was an example of “the council using influence rather than powers”, she said.
“It would be unlawful if we would suggest otherwise; we can’t go beyond what the statute says,” Sandison continued, adding that the council could however speak to developers to make them consider the impact of planned development.
“If we can’t say no to development, what we can do is use influence to try and make sure impact is minimised, consequences are mitigated and the community sees some benefit from any development, whether it is wind or anything else.
“As a good developer these are the expectations of the community, but we can’t enforce it, and we absolutely accept that. We know the limits of our powers.”
Clarifying the limitations the SIC as well as individual councillors face, Sandison continued by saying: “As a planning authority, the local authority has to be open to any planning application.
“We cannot prejudge, we cannot have a presumption against development, we have to look at every single development on its merits, and our powers to say ‘no’ are related on relevant planning concern.
“The moment you give any hint that you have pre-determined or taken a blanket approach to any development you have an automatic route where a developer could seek an appeal on your decision.
“People have to be clear that elected members have to be careful about prejudging or giving any indication of their opinion, because that opens the council up to challenge. I know that this causes a lot of frustration.
“This [prejudging] diminishes the council’s powers as a decision made on appeal means that we have made no decision at all.
“So it is much better that we work within the powers that we have, knowing what we mustn’t do and make good planning decisions that are robust and can’t be overturned.
“When the council is a statutory consultee [as it was during the Viking Energy planning process], the council has made its submission through the council rather than through the planning authority, so, again, we have to be quite clean as a local authority.
“There is nothing wrong with individual members taking positions as long as they are not involved with planning decisions.”
Planning law in Scotland is governed by the Planning (Scotland) Act 2019.
Become a member of Shetland News
Shetland News is asking its readers to consider paying for membership to get additional perks:
- Removal of third-party ads;
- Bookmark posts to read later;
- Exclusive curated weekly newsletter;
- Hide membership messages;
- Comments open for discussion.
If you appreciate what we do and feel strongly about impartial local journalism, then please become a member of Shetland News by either making a single payment, or setting up a monthly, quarterly or yearly subscription.
Already a member? Sign in to hide this message.
