Planning Obligations

The 1st of February saw a major change in Scotland with commencement of Section 23 of the Planning etc (Scotland) Act 2006. This brings into everyday planning language in Scotland the concept of planning obligations and unilateral obligations, something that English planners are already well used to. It also brings in the power to apply for the modification or discharge of obligations and appeal rights in connection with these, again ending one of the areas where Scottish and English legislation and guidance was markedly different.
It would appear that the ability to apply to modify or discharge might also apply to existing Section 75 agreements so it will be interesting to see if sites where existing agreements are seen as stifling development might be the first ones where the new procedures are tried out.
Guidance on the use of compulsory purchase: a consultation paper

Following a year of consultation events, the Scottish Government has now issued two new draft circulars on the use of compulsory purchase orders (CPOs) in the hope that in providing new and easy to understand advice CPOs might become a commonly used proactive tool rather than a seldom used reactive one . The main circular explains the current legislative system and how to make best use of it whilst the second circular explains and amends the Crichel Down Rules as they apply in Scotland. The circulars have been issued in advance of the Scottish Law Commission reviewing Scotland’s somewhat outdated compulsory purchase law with a view to new legislation eventually coming before Parliament sometime after 2014.
New Guildford Office Director

Alliance Planning is delighted to announce the appointment of Jim Bailey as a Director at the Guildford office. Jim who has 25 years experience of the UK planning system said;
“I am delighted to have joined such a dynamic and forward thinking practice as Alliance Planning. The company have emerged over recent years as a front runner in opinion forming and have a fantastic and varied client list. These are strengths which made it easy for me to accept their invitation to become part of the team”
Jim has considerable experience of negotiating planning consents throughout southern England for a variety of market sectors, including residential (his CV includes a stint with Bryant Homes), commercial, leisure, retail, education as well as mixed-used schemes. In addition, he has appeared at numerous public inquiries, hearings and examinations promoting a variety of projects.
Managing Director Steve Fidgett added;
“Jim’s considerable experience will help to ensure that Alliance goes from strength to strength in the years to come. We have bucked the trend recently by continuing to develop as a business with strategic appointments aimed at keeping us ahead of the curve and well placed to maximise the opportunities available –a fact that’s reflected in the number of high profile projects we are winning”.