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Places, people and planning – Scottish Government consultation paper

The next step in the review of the planning system – the Scottish Government’s consultation paper – was eagerly awaited. Now that there has been time to reflect on its contents, here are our comments....

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Planning Permission – not a licence to infringe copyright in designs

Equating planning permission with a copyright licence in designs can be costly. A recent English High Court case (Signature Realty Limited V Fortis Developments Ltd and others) has again brought...

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Where to go- Planning Appeal or Local Review Body?

Looking at the DPEA website the other day I noticed that the applicants in 7 of the 10 cases on the recent decisions’ first page had been advised that the DPEA had no remit and the application should...

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Review of Scottish Planning System – people, places and planning

After many weeks of enthusiastic discussions with clients and contacts, we’re delighted to have submitted a response to the Scottish Government’s consultation People, places and planning Hopefully this...

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Environmental Impact Assessment Regulations change in May 2017

New regulations will come into force on 16 May 2017, implementing the Environmental Impact Assessment (EIA) European Directive 2014/52/EU. Eight sets of Scottish regulations are being amended or...

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Consensus in planning?

“It is essential to recognise that planning issues, by their very nature, will often bring differing interests into opposition and disagreement and the resolution of those issues will inevitably...

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Painting a house in a Conservation Area?

A stone’s throw away from a red and white striped house in the sumptuous environs of the Royal Borough of Kensington and Chelsea (“RBKC”), there is a blue plaque is dedicated to the philosopher John...

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Successful reasons challenge against planning permission not in compliance...

In Oakley v South Cambridgeshire District Council the planning application involved the development of a football stadium in the green belt. The proposal was not in accordance with the development...

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Protection For World Heritage Sites

According to The Times newspaper, campaigners have demanded tough new guidelines to protect Scotland’s world heritage sites after Cemex successfully challenged the Scottish Ministers decision blocking...

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Renewables development: enforcement of planning permission conditions

Experienced developers know that the grant of planning permission is not the end of the process: inevitably there are numerous conditions to fulfil, both pre-commencement and during construction....

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Ancillary Uses, Canteens and… The Fall

In light of Mark E. Smith’s recent departure, over the weekend, I spent a few happy hours absorbed in The Fall’s back catalogue. Before I knew it, I was diverted by planning matters whilst listening to...

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Agent of Change: Situationists, Cover Versions and… Spinal Tap

The concern that the commercialisation of our cities is ignoring the importance of culture for the populace is nothing new – just ask the Situationists. They were raising their concerns 60 odd years...

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Planning to make the most of summer?

As we all start to get used to the summer weather that Scotland, and the rest of the UK is enjoying, leisure and hospitality operators want to move quickly to capitalise on the sunshine. Outside spaces...

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HOUSING DEVELOPMENTS – HOW TO AVOID PLANNING DELAYS

The recent Scottish Government Report identified legal agreements (section 75s) as the second most common reason for delays in securing planning permission for housing. Top 10 tips for avoiding delays:...

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Keep it in the family

Family. One word. Yet it comes in many different forms and sizes. So what does the term “family housing” mean from a planning perspective? There is no statutory definition. All houses are a Class 9...

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Seasonal Worker Accommodation: Permitted Development Rights

According to the NFU Scotland statistics for 2018 (link), 18,900 hectares of vegetables and 2,100 hectares of soft fruit was grown in Scotland last year, that’s more than 2,900 tonnes of raspberries...

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Dividing your flat: key things to consider

Our weekly Real Estate blog addresses a range of property issues for homeowners, landlords and tenants in Scotland. Title Restrictions If you’re considering dividing your flat in two, the first step...

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Planning for Wildlife

“The public have told us that protecting wildlife is important to them – so my message to house builders is to harness this support and get building in a way that protects the environment for the next...

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Raising awareness during World Alzheimer’s Month

September 2019 will mark the 8th World Alzheimer’s Month (which includes World Alzheimer’s Day on 21 September). This is an international campaign to raise awareness and support those suffering from...

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World Alzheimer’s Month – Prepare for your Power of Attorney

We recommend that everyone put a power of attorney in place, regardless of your age or circumstances. During World Alzheimer’s Month we want to raise awareness about how important it is to have a...

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