The planning system is the most important method by which the use and development of land and buildings is controlled. It comprises a number of primary planning acts and secondary legislation together with national, regional and local policy which are used to interpret and to guide planning decision making.

Obtaining planning permission requires an application to be made to the local authority. Scotland operates a “plan-led” system, which means that planning decisions are usually taken in accordance with the provisions of the statutory development plan (which comprises the approved structure plan and adopted local plan for the planning area) but must also have regard to material considerations which include objections.

Planning decisions are taken by councillors at a committee meeting but increasingly decisions are delegated to senior planning officers.

Planning decision making involves making judgements in relation to competing interests. In certain limited circumstances planning decisions, may due to their importance be “called-in” by the Scottish ministers for a decision. Applicants who are dissatisfied with a planning decision can appeal to the Scottish Ministers.

The planning system also controls development through the taking enforcement action, the control of advertisements, the protection of trees and protection of important built heritage, including listed buildings and ancient monuments. 

We offer you a full range of services in respect of planning, from planning agreements, planning permissions, appeals to compulsory purchases and compensation, enforcement procedures, planning appeals (including advocacy) and judicial review. Our team also includes an accredited specialist in planning law and a board member of the UK Environmental Law Association.  

For more information please contact Alastair Mckie.