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World Alzheimer’s Day – Can someone with dementia make a will?
With close to fifty million people living with dementia worldwide and nearly ten million new cases each year, World Alzheimer’s’ Day on 21 September is an opportunity for organisations and individuals...
View ArticleEstablishing “need”– Planning in the public interest
An exclusive golf course, a sensitive landscape and a controversial planning application. Sound familiar?… No, it’s not Trump again, but the aptly named “Longshot” Cherkley Court Limited and a...
View ArticlePlanning appeals: the stats
Labour MSP Neil Bibby asked the Scottish Parliament last week how many planning appeals in the (a) energy, (b) retail, (c) commercial property, (d) environmental waste management and (e) hotel, leisure...
View ArticlePlanning and nuisance
Can a planning permission be taken into account in deciding whether there is a nuisance? That was one of the questions before the Supreme Court in a recent case in which the appellants claimed that...
View ArticlePlanning for the Weather
Don’t forget to sign up for our planning and public law seminars on ‘Planning for the Weather’ which will take place in across our offices in May. We’ll take a look at the Flood Risk Management...
View ArticleSolar in the City
Around 400 sites owned by Glasgow City Council totalling almost 550 hectares are being assessed for technical and policy constraints (e.g. access to the National Grid, proximity to housing, extent of...
View ArticleStrategic Development Plans – A Review
Strategic Development Plans (SDPs) were a product of planning reform that took effect in 2009. A recent report concludes that the SDP system is still bedding in, but is not yet fully optimised. The...
View ArticleBye, bye Balado – hello compensation claim
It has been widely publicised that T in the Park will no longer be held at Balado, where people have gathered en masse since 1997 for the famous music festival. The festival is moving to the grounds of...
View ArticleWhat’s in a number? Increased planning fees from 1 November 2014
On 1 November 2014, the Town and Country Planning (Fees for Applications and Deemed Applications) (Scotland) Amendment Regulations 2014 will come into force and will introduce an across the board 5%...
View ArticleDeemed discharge of planning conditions
Earlier this year, the Department for Communities and Local Government consulted on a raft of proposals intended to speed up the planning system in England and Wales. It said that that unnecessary...
View ArticlePlanning appeal hearings
Victoria’s comments on her first planning inquiry have inspired me to blog about the planning appeal hearing I was involved in recently. It’s not my first, but these hearings are rare, as reporters...
View ArticleThe PlanningBlog may be 5, but I’m 2!
As LinkedIn reminded me, my two year anniversary at Brodies has arrived (time flies!). It caused me to pause for thought and think about the work I’ve been involved since joining the Planning team at...
View ArticleThe future looks toasty for non-domestic rooftop solar
Permitted development rights in Scotland have seen a flurry of changes of late, and yet more changes could be on the horizon. This week, the Scottish Government launched a consultation on PDRs for...
View ArticleMet Mast Appeals: Recent Experience
There’s an emerging trend for met mast applications to be refused by councils, contrary to officer recommendation. Having to resort to appeal is an expensive route for developers, especially since a...
View ArticleNew Judicial Review rules in force from today
Judicial review actions lodged from today onwards will be subject to the new 3-month time limit and permission requirement introduced by section 89 of the Courts Reform (Scotland) Act 2014. Our...
View ArticleLRB process survives its first challenge…but lessons learned?
The Inner House of the Court of Session has rejected arguments that a Local Review Body’s decision to grant planning permission for two wind turbines in the Borders was legally flawed. Judges stated...
View ArticleEVEL makes an appearance
The House of Commons used the new rules on ‘English Votes for English Laws’ for the first time this week, on the Government’s Housing and Planning Bill. I therefore thought it would be a good time to...
View ArticleRansom Strips – Developers beware…
Scottish Construction Now recently reported on possible delays to the Edinburgh Accies development in Stockbridge due to a ransom strip issue. Developers need to be aware that any assessment of...
View ArticlePRS and Planning
Draft planning guidance has been issued by the Scottish Government on PRS (private rented sector) – see the section on Build to Rent in the draft Planning Delivery Advice (paras 50-54). Positive...
View ArticleConsultation Paper – Places, People and Planning
The Scottish Government have published the Consultation Paper Places, People and Planning, with 20 proposals for change. Plenty to think about, and you will hear more from us about it soon! The...
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