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Appeals and Inquiry Advocacy |
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When planning permission is refused, delayed or granted subject to unacceptable planning conditions, the applicant has a right of appeal to the Scottish Ministers. Strict time limits apply to the lodgement of appeals or objections to Local Plans. |
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The Scottish Ministers will usually delegate their decision making to an independent planning judge (a "Reporter"). |
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There are two procedures which can be adopted in a planning appeal. Firstly an appeal can be dealt with using "written submissions" i.e. an exchange of written evidence. Alternatively a full Public Inquiry can be held, at which written and oral evidence is considered. A Public Inquiry is adversarial with each party leading oral evidence and being entitled to cross-examine evidence given by witnesses. It is usually the preferred method for complex and important cases.
Occasionally, the Scottish Ministers will "call in" a planning application for their own decision and decide to hold a Public Inquiry. Public Inquiries are also convened to consider any objections made to a Council's draft Local Plan. Due to the importance and complexity of a planning inquiry, most principal parties instruct either experienced Planning solicitors or Advocates to represent their interests.
Objectors have no right to appeal against a planning decision although they may be entitled to participate in any appeal or Public Inquiry.
We are highly experienced in undertaking inquiry advocacy at major public inquiries and are able to advise on assembling, and to lead, professional teams through this process.
Recent Experience
· Inquiry advocacy at a major planning inquiry arising from the Scottish Ministers' decision to call-in a retail planning application at Saltire Retail Park, Glenrothes.
· Inquiry advocacy at Scotland's longest running local plan inquiry. The issue related to the promotion of a major housing site in competition with three other sites at the Stirling Local Plan Inquiry.
· Inquiry advocacy at the South Ayrshire Council Local Plan Inquiry on behalf of landowners in connection with the promotion of land for commercial development at Prestwick Airport and for housing in Troon.
For more information contact Alastair McKie |
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