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Local Government and Communities Committee LOCAL GOVERNMENT AND COMMUNITIES COMMITTEE Wednesday 3 March 2010 Session 3 Parliamentary copyright. Scottish Parliamentary Corporate Body 2010 Applications for reproduction should be made in writing to the Information Policy Team, Office of the Queen’s Printer for Scotland, Admail ADM4058, Edinburgh, EH1 1NG, or by email to: [email protected]. OQPS administers the copyright on behalf of the Scottish Parliamentary Corporate Body. Printed and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by RR Donnelley. Wednesday 3 March 2010 CONTENTS Col. SUBORDINATE LEGISLATION ........................................................................................................................ 2871 Housing Support Grant (Scotland) Order 2010 (Draft) ........................................................................... 2871 Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2010 (Draft) ..................................................................................................................... 2872 Town and Country Planning (General Permitted Development) (Domestic Microgeneration) (Scotland) Amendment Order 2010 (SSI 2010/27) ............................................................................. 2878 Local Government Pension Reserve Fund (Scotland) Amendment Regulations 2010 (SSI 2010/34) ...................................................................................................................................... 2878 Council Tax (Dwellings) (Scotland) Regulations 2010 (SSI 2010/35) .................................................... 2878 Non-Domestic Rate (Scotland) Order 2010 (SSI 2010/36) .................................................................... 2878 Non-Domestic Rating (Rural Areas and Rateable Value Limits) (Scotland) Amendment Order 2010 (SSI 2010/37) ...................................................................................................................................... 2878 Non-Domestic Rates (Levying) (Scotland) Regulations 2010 (SSI 2010/43) ........................................ 2878 Non-Domestic Rates (Renewable Energy Generation Relief) (Scotland) Regulations 2010 (SSI 2010/44) ...................................................................................................................................... 2878 Town and Country Planning (Limit of Annual Value) (Scotland) Order 2010 (SSI 2010/49) ................. 2878 LOCAL GOVERNMENT AND COMMUNITIES COMMITTEE 7th Meeting 2010, Session 3 CONVENER Duncan McNeil (Greenock and Inverclyde) (Lab) DEPUTY CONVENER *Alasdair Allan (Western Isles) (SNP) COMMITTEE MEMBERS *Bob Doris (Glasgow) (SNP) *Patricia Ferguson (Glasgow Maryhill) (Lab) David McLetchie (Edinburgh Pentlands) (Con) *Mary Mulligan (Linlithgow) (Lab) *Jim Tolson (Dunfermline West) (LD) *John Wilson (Central Scotland) (SNP) COMMITTEE SUBSTITUTES Brian Adam (Aberdeen North) (SNP) Margaret Curran (Glasgow Baillieston) (Lab) Alison McInnes (North East Scotland) (LD) Margaret Mitchell (Central Scotland) (Con) *attended THE FOLLOWING GAVE EVIDENCE: Marie Ferguson (Scottish Government) Debbie Flaherty (Scottish Government) Jamie Hamilton (Scottish Government) Roddy Macdonald (Scottish Government) Alex Neil (Minister for Housing and Communities) Stewart Stevenson (Minister for Transport, Infrastructure and Climate Change) CLERK TO THE COMMITTEE Susan Duffy LOCATION Committee Room 4 2871 3 MARCH 2010 2872 officials will work with the Convention of Scottish Scottish Parliament Local Authorities during the coming months on a way forward before we lay the housing support Local Government and grant order in 2011. I will meet a delegation from Shetland Islands Council tomorrow and will seek Communities Committee their views. Wednesday 3 March 2010 Patricia Ferguson (Glasgow Maryhill) (Lab): As you said, the committee queried the [The Deputy Convener opened the meeting at circumstances that you have described. We were 10:00] told that a point would come when it would no longer be necessary to pay the money to Shetland Subordinate Legislation Islands Council. We calculated that it would take about seven years to reach that point. I was going to ask you whether that is still the expectation, but Housing Support Grant (Scotland) Order from what you have said I understand that other 2010 (Draft) provisions might be put in place before then that The Deputy Convener (Alasdair Allan): Good might help to make the situation better. Is that morning and welcome to the seventh meeting in correct? 2010 of the Local Government and Communities Alex Neil: Yes, it absolutely is. First, we need to Committee. I remind members to switch off their discuss with COSLA the general principles in phones. I have apologies for absence from relation to the future of the housing support grant. Duncan McNeil and David McLetchie, and Mary Secondly, we will address specific issues to do Mulligan might have to leave early and miss part with Shetland’s HRA, starting at our meeting of the meeting. tomorrow. I am sure that today’s meeting will not be nasty The Deputy Convener: If there are no further or brutish, but it might be short. Item 1 is oral questions, we move to item 2. I invite the minister evidence on the draft Housing Support Grant to move motion S3M-5739. (Scotland) Order 2010, which is subject to the affirmative procedure. I welcome Alex Neil, Motion moved, Minister for Housing and Communities. He is That the Local Government and Communities accompanied by Jamie Hamilton, who is a policy Committee recommends that the draft Housing Support analyst in the Government’s social housing quality Grant (Scotland) Order 2010 be approved.—[Alex Neil.] division. Motion agreed to. The Minister for Housing and Communities (Alex Neil): The order sets out the amount of Town and Country Planning (Fees for grant that is payable in the financial year 2010-11. Applications and Deemed Applications) The order’s purpose is to provide grant to any (Scotland) Amendment Regulations 2010 local authority that would not be able to balance its (Draft) housing revenue account. Only Shetland Islands Council, because of its high housing debt, The Deputy Convener: Item 3 is to take oral continues to qualify for grant. In 2010-11, the evidence on an affirmative instrument. I welcome council will receive about £1.2 million, which will Stewart Stevenson, the Minister for Transport, be payable in 12 equal monthly instalments. Infrastructure and Climate Change. He is Shetland Islands Council is an exceptional case, accompanied by Roddy Macdonald and Marie given that its debt per unit of housing stock is Ferguson from the engagement and strategic three to four times the Scottish average. environmental assessment division of the Scottish Government. Minister, would you like to make any The methodology for calculating housing introductory remarks? support grant has been in place for a number of years. The Local Government and Communities The Minister for Transport, Infrastructure Committee has questioned the basis on which the and Climate Change (Stewart Stevenson): The grant is calculated and its potential long-term regulations introduce new levels of planning fees unintended consequences, therefore the time is that, if approved by the committee, will come into right to consider the methodology for calculating effect on 1 April 2010. This will be the first housing support grant. Governments should increase in planning fees since April 2007 and, continue to provide local authorities and their even after taking into account the increase tenants with a reasonable safety net, to ensure proposed in the regulations, planning application that our councils can meet their statutory duties to fee levels will continue to be modest and represent balance their housing revenue account and to do a small proportion of developers’ overall costs. so as quickly as possible. Scottish Government 2873 3 MARCH 2010 2874 The charging of fees for planning applications particular concerns with the increase. It realises has been the law since 1981. We are not looking that, with the previous rise being in April 2007, to change the law today; we are merely looking at there has been a considerable period without the fees. I should make it clear that the fees are rises. Its focus is much more on ensuring that not intended to address the full costs of planning departments are properly resourced and development management as that includes pre- it has indicated in a general way that it is prepared application discussions, appeals and other non- to pay substantially higher fees for major qualifying activities; they are designed to cover the developments in exchange for performance costs of processing planning applications only. guarantees. As ministers, we consider that the increase There are no issues from the point of view of the strikes the right balance between moving to full development industry. Local government has, for cost recovery, which remains our objective, and some time, expressed concerns about the fact that the likely impact on potential developers. Fees there has been no uprating of the fees and that, in represent no more than about 1 per cent of the circumstances in which the number of developers’ costs, and there is no evidence that applications has fallen—which it most certainly they act as a deterrent. has in almost all areas of Scotland—it is time for its income to rise. The draft regulations contribute I will give one or two indicative figures. The
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