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Permissions, Policy and Development |
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Planning permission is needed for almost all new buildings, material alterations to existing buildings, the demolition of a building and also for any material change of use of any land or building. If the building is listed or other statutory controls apply then further consents may also be necessary. |
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Planning is a field of law where policy considerations can be crucial and where a solicitor needs to be a policy advsier as well as a technical adviser. The decision as to whether to grant planning permission involves the Council or the Scottish Ministers balancing the various factors for and against development. The factors which are to be weighed in this decision making process are the Council's Development Plan policy and also what are termed "other material considerations". |
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The Planning Act give primary importance to a Council's Development Plan. There is a very strong legal presumption in favour of development in accordance with the terms of the Development Plan (and conversely a very strong legal presumption against development which does not). This means that if your land is zoned for housing then a planning application for that use is likely to succeed. The material considerations which may affect a decision on such a planning application include national planning policy and the views of objectors.
The Development Plan consists of the Structure Plan, which describes long term strategic targets and proposals, and the Local Plan which details specific policies for the Council area and zones particular areas for proposed uses.
Due to the importance of obtaining a favourable zoning in the Local Plan great emphasis is placed on lobbying Councils to ensure that a particular project is enabled by a suitable land use allocation in the Local Plan. That process is likely to give rise to a Local Plan Inquiry where the merits of proposals will be considered.
Our planning and environment group has specialist experience, gained in both the public and private sectors, and offers advice on all aspects of local and national planning law and policy.
We have an established track record of advising on all matters relating to planning permissions, Development Plans, Local Plan Inquiries and planning policy. We act for developers in promoting and making representations in respect of development plans whether by way of written representations or by appearances at local public inquiries.
Recent Experience
· 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.
· 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.
For more information contact Alastair McKie |
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