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Planning

Planning

Scottish Ministers’ Dairy Decision Lactose Material Planning Considerations

On 23 January 2019 the Court of Session quashed the Scottish Ministers' decision to refuse Graham's Dairy appeal for residential development near Bridge of Allan. 

The decision provides useful guidance to developers and decision makers as to how Scottish Planning Policy should be applied where there is a shortage in the five year effective housing land supply.  The Court was critical of the Scottish Government’s handling of the appeal and failure to keep its reasoning up to date, describing it as a “somewhat careless approach to decision making”.  

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Housing Supply - What's In A Number?

Craig Whelton

At a hearing into one of our clients’ residential developments last year, a local resident commented that it was easier to measure the distance to the sun or the breadth of a human hair than calculate the housing land supply in Renfrewshire. No one disagreed. 

While it is well established that local authorities must maintain at least a five-year effective housing land supply at all times, disputes as to whether they are allocating enough land for housing are common place. 

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Delivering More?

'Delivering More’ is the aptly named title of Homes for Scotland's latest strategy which was launched at its annual conference at Murrayfield Stadium last week.

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Is Late Living Coming of Age?

Retirement living is a hot topic it seems. Not just with those eagerly looking forward to life after the daily grind of earning an honest living, but also increasingly amongst developers, operators and investors as the sector is seen as a valuable business opportunity that has significant potential for growth.

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With great power comes great responsibility: assessing the product liability risks of electric vehicles

The previously slow meander towards electrification of the automotive industry has appeared to accelerate greatly in the last year, with recent news stories suggesting that electric and hybrid vehicles (known collectively as Ultra Low Emissions Vehicles, or ULEVs) will gain a far greater share of the automotive market in the coming years.

Last summer, the governments of Europe appeared to be falling over one another to make promises to ban the sale of new petrol and diesel cars, with the Scottish and Westminster governments undertaking to do so by 2032 and 2040 respectively.

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Fundamental Differences to Housebuilding North and South of the Border

There are many important and practical differences between the Scottish system and that operating south of the border when it comes to residential development and the sale of new build houses. We have highlighted the main differences below:

Land Tenure

Land tenure is different in England.

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Section 75 Agreements - Pay the Council's Legal Costs or Else...!

Many Councils now routinely expect applicants to reimburse legal costs they incur in preparing Section 75 agreements – this includes the costs incurred by the Council to its external solicitors, as well as its own internal legal costs. 

In our experience applicants are understandably less than pleased about being hit with an additional bill from the planning authority – especially in light of the significant increase in planning application fees.

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What the frack? When is a ban a ban?

It appears I spoke too soon in my October 2017 blog on the announcement by the Minister for Business, Innovation and Energy that the Scottish Government’s moratorium on unconventional oil and gas development (“UOGD”) (usually referred to as ‘fracking’) which was imposed in 2015 would be extended into a permanent ban.

Unhappy with that announcement, INEOS Upstream Limited and Reach Coal Seam Gas Limited lodged a petition seeking

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Grenfell: One year on, where are we now?

The anniversary of the Grenfell Tower tragedy and the 30th anniversary of Piper Alpha sadly fall close together. Against the backdrop of both milestone dates the formal inquiry into Grenfell has been running and tragic evidence heard from survivors, with painful echoes of disasters of the past, including Piper.

Dame Judith Hackitt, tasked with reporting on and making recommendations following Grenfell also drew powerful similarities between the Grenfell and Piper Alpha tragedies in an interim report. HerRead more

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Powering ahead: Reflections on Onshore Wind Week 2018

Last week was Onshore Wind Week 2018, and the positive messages coming from the Scottish Renewables onshore wind conference, as well as the BVGA Associates “The Power of Onshore Wind” report (commissioned by ScottishPower Renewables, Statkraft, Innogy and Vattenfall) are as encouraging for the onshore wind sector as have been heard for some time.

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