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[09/11/11]A New House in the Country
[10/10/11]Wigs on the Shelf in Scotland
[14/12/10]Implementation of Planning etc. (Scotland Act 2006)
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A New House in the Country

An interesting letter from the Scottish Chief Planner has been published today that suggests that occupancy conditions on new housing in the countryside should be avoided. The letter states that whilst these are popular with planners, the current economic situation means that people faced with them have struggled to obtain a mortgage and to sell the property where they are forced to move. The letter also suggests that such conditions are “intrusive, resource-intensive and difficult to monitor and enforce”. What this means for the future, only time will tell, but pretty much every local authority in Scotland currently requires the imposition of an occupancy condition/legal agreement in certain specified cases and so there are a lot of policies that are now incompatible with this latest advice. It also remains to be seen how this advice filters out and whether we see a flurry of applications to get planning conditions and legal agreements removed.

The Letter can be accessed by following the below link:

http://www.scotland.gov.uk/Topics/Built-Environment/planning/National-Planning-Policy/themes/housing/Occupancyrestrictions

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Wigs on the Shelf in Scotland

The latest annual review by the Department for Planning and Environmental Appeals is gloomy reading for advocates and planning solicitors with only 32 of the 258 planning appeals for 2010-2011 being considered at an oral hearing, and even then many of these were single issue hearings with no chance for cross-examination. The other worrying statistic for our legal friends is that there is little to choose, in terms of success rates, between written representation appeals and the rest. Of course, this may have something to do with the current economic climate (you don’t appeal unless you think you can win) and local reviews taking away the householder appeals and the small stuff, but a return to good old fashioned cross-examination, and a right old ding-dong, looks some way off.

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Implementation of Planning etc. (Scotland Act 2006)

It was announced today that Sections 23,24 and 28 of the Planning etc (Scotland) Act 2006 will commence on 1 February 2011. These deal with planning obligations, good neighbour agreements and tree preservation orders respectively. Regulations have also been laid before Parliament to implement the provisions of the three Sections.

The regulations relating to planning obligations include procedures for processing applications to modify or discharge planning obligations and appeals and largely brings Scotland into line with England.

Further information can be obtained by following the hyperlink below.

http://www.scotland.gov.uk/Topics/Built-Environment/planning/news

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