One of the most common phrases used within Scotland’s planning system is “material planning considerations”. Whether you are applying for planning permission, commenting on a development proposal or reading a Planning Authority’s decision notice, you are likely to encounter the term. Despite its importance, many people are unclear about what a material planning consideration actually … Read more
If you have been researching planning enforcement, Certificates of Lawfulness or unauthorised development in Scotland, you have probably come across references to the “four-year rule” and the “ten-year rule”. These terms are still widely used by property owners, developers, solicitors and planning professionals. However, the current legal position in Scotland is more complex than many … Read more
Many people assume that every development project requires planning permission. In reality, some forms of development can be carried out without planning permission, while some existing uses and developments may already be lawful even though planning permission was never obtained. In these situations, a Certificate of Lawfulness can provide formal confirmation of a property’s planning … Read more
When a planning application is submitted in Scotland, members of the public, community groups, businesses and other interested parties often have the opportunity to comment on the proposal. These comments are commonly referred to as representations. Representations can support a proposal, object to it or simply provide information that the Planning Authority may wish to … Read more
If you are considering a development project in Scotland, you may hear planners and planning officers refer to the “development hierarchy”. This system categorises development proposals as either Local, Major or National developments. The category of development can influence how an application is processed, the level of information required, consultation requirements, determination timescales and the … Read more