Residential property

Planning and environment

Our expertise in planning and environmental matters means we can guide you through every step of the project whilst offering a single point of contact throughout.

We act for planning authorities and developers as well as providing pragmatic and focused advice ensuring we deliver results.

Advice in connection with development plans

Scotland operates a “plan-led” system with local development plans at the core. If you’re looking for planning permission then it’s advisable that your proposal supports these local development plans as this can significantly increase your chances of obtaining approval. We can guide you through the plan making process and help you best demonstrate the connection with the local development plan, contact us for more information.

Planning Applications (including appeals)

We’re experienced in the review and submission of all aspects of planning applications. We draft applications and also work with other planning professionals as part of a team submitting complex applications. If a local review or appeal is necessary, the prospects for success are increased if your review application or appeal is clearly and logically structured.

Environmental appraisal and preparation of Environmental Statements

The increased involvement of European law in relation to environmental and habitat issues requires care to ensure that any application made complies with all applicable regulations and guidance. Failure to do so can increase the risk of challenge. The Brexit process is likely to increase the complexity as we move to a parallel system. For environmental appraisals/statements please contact us.

Environmental issues including contamination

Environmental issues can arise at the pre-planning, planning, construction and operational phases of a development and it’s important to undertake suitable appraisals to minimise the risk of any unforeseen issues. However, sometimes issues do arise and we can help you deal with the legal consequences, including the immediate response and recovery phases, together with support in dealing with investigations by statutory authorities.

Planning objections

Objections raised must relate to planning issues, or they will be ignored.  The line between planning and non-planning issues can be a fine one.  We can help to draft effective objections and provide advice about remedies if your objection has not been taken into account.

Land tribunal applications

The Lands Tribunal for Scotland (“LTS”) has jurisdiction over a number of important issues related to planning. For example, to implement a planning consent title, a number of issues may need to be addressed.

Where compensation for compulsory purchase can’t be agreed it’s usually referred to the LTS. In relation to many title issues the LTS’s powers are discretionary, so clear presentation of the competing issues is fundamentally important. To discuss making or defending an application and how best to present your case in an effective and structured way, contact us.

Other procedures and consents

Many projects will involve consents or applications under other regimes (e.g. Electricity Act 1989, Harbour Revision Orders, Marine Consents). We can help you identify and deal with everything required for such procedures.

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