Last Updated on August 19, 2024 by Phil Hamerton
The draft HRO: what happens next
Transport Scotland announced last Friday (16th August) that they are now proceeding to the next stage of the “negotiation” by use of written submissions. All objectors should have been advised that this is now under way and that the Council has until 13th September to submit its initial submission to Transport Scotland who will then pass it on to objectors for consideration.
This process can be protracted and may take in excess of 3 months before a decision is made as to whether the (revised) draft can go forward to the Minister for a decision. The details of the process are reproduced, below.
For objectors to the 2023 draft Oban HRO, we can only hope that the Council intends to make significant changes to the key aspects of the draft HRO in relation to current moorings, the actual harbour limits (particularly the land area included), publication of accounts and commitment to ongoing consultation with all users and other stakeholders in regard to safety and development.
It is to be regretted that the Council still refuse to discuss our members’ concerns directly with them or with us. It remains our position that we could, with good will from the Council, resolve most of the outstanding issues quite easily. In the meantime we can do very little except wait to see what the Council’s new submission says. It may be the subject of formal approval at the forthcoming Harbour Board on 12th September, in which case we can expect to see it on 6th September. Full information will be circulated to our members as soon as we have anything to pass on.
Transport Scotland: Harbour Orders Guidance (Annex D)
What’s happening now
1. Initially the applicant is offered the opportunity to consider whether there is any further information they may wish to provide in support of the order. This may relate to one or all of the objections. The applicant has up to 28 days from the formal notification to consider whether to provide any additional information which will then passed to the objectors (usually within seven days of receipt by Transport Scotland) – the applicant can of course submit the information at any point in the 28 day period.
2. The objector then has to respond within 21 days should they have anything further to add. If they do not respond within the timeframe we would proceed to determination on the objections.
3. Any response would be passed to the applicant and they would have a further 14 days to add anything further.
4. Any material produced at step 3 would be passed back to the objector for further comments in line with step 2 (and back to the applicant in line with step 3).
5. We would proceed to determination unless any issues raised would warrant further consideration or additional information was required to inform the determination (provided other issues with the draft are resolved and subject to any Appropriate Assessment requirements).