22nd June 2010 back to news

The New Planning System in Scotland – Forward Planning

The Planning System in Scotland now requires a more “procedural” and systematic approach to land, property and value as a result of the 2006 Planning Act now coming into effect. 

There are four key principles:
• An even greater emphasis on a Plan led approach – but based on up to date and regularly reviewed Local Development Plans involving fewer formal stages

• An emphasis on “front loading” – for all aspects, whether it is planning applications, appeals or Local Plan submissions, you have to set out your full case from day 1

• Proportionality in information requests – these are now meant to be reasonable and proportionate to the development and the key issues   

• Greater public consultation – basically for all major planning applications irrespective of whether they comply with the Development Plan.

Some detailed aspects of the new system are causing difficulties for “centralised” landowners as Planning Authorities often undertake neighbour notification by means of weekly adverts in the local press. Thus landowners might well not receive notice of development affecting them.Therefore, in advising clients on any land, property or development matter, for the short term or the long term, it is essential to be pro-active as early as possible to secure the best planning status for land or property.

The GS Planning Team usually pick up the start of the new Local Development Plans in each Council area and, at that stage, the position for each relevant property or site can be reviewed and advice given on whether a detailed representation should be made or whether the emerging policy framework is such that only a brief note needs to be lodged by way of “protection” of asset value. For either approach early action is essential. 

There is no doubt that a proactive approach is the best way of helping to protect both existing asset and future disposal values in the new Planning system. The GS Planning Team would be happy to discuss any of this with clients.

Ian Kelly: Head of Planning, ikelly@g-s.co.uk
Claire Peters: Principal Planner, cpeters@g-s.co.uk
E: planning@g-s.co.uk | T: 0141 332 1194

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