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Planning And The Power Of Three

Planning And The Power Of Three

The power of three.  In the Planning Division at Burness Paull & Williamsons we possibly have more cause than most to think in threes.  It’s been three years since major reforms were made to the planning system.  Those reforms included reducing the duration of planning permissions to three years. Planning appeals and reviews now need to be submitted within three months of a refusal.

And Compulsory Purchase Orders must be implemented within three years of confirmation. 

Having been confirmed in March 2010, the CPOs for the Aberdeen Western Peripheral Route will expire in March 2013, irrespective of the fact that for most of the intervening period the related Roads Orders have been under challenge.  As William Walton has fought the Roads Orders through three appeals, the CPO clock has continued ticking. 

Landowners along the line of the AWPR were served notice on 30 November that the Scottish Ministers will take title and entry to the land required for the road on 11 January 2013. 

Funded by the trio of Scottish Ministers, Aberdeen City and Aberdeenshire Councils, the AWPR is to be procured alongside the A90 Balmedie – Tipperty dualling project.  Over the next three decades, the road schemes are expected to bring in an additional £6 billion to the local economy, creating around 14,000 new jobs. Depending on the outcome of a Court of Session challenge this week, the tender contract may include another scheme – the Third Don Crossing.

If the Ministers are having to move quickly to preserve their position, spare a thought for the landowners affected by the AWPR.  Having had the CPOs hanging over them since Tavish Scott announced the route in 2005, proprietors will have to spend the festive season putting together their compensation claims.  Transport Scotland is encouraging claims to be submitted within- yes, you guessed it- three weeks.  

Planning. To the power of three.

Elaine Farquharson-Black
Partner

LChalmers