Planning & Environment

In January I blogged about the Scottish Ministers calling in 8 planning appeals for housing land. The final case was decided in November. So what’s the outcome?

  • Half were refused
  • In all but 1 case the decision adopted the reporter’s recommendation
  • In the Cammo case permission was refused contrary to the reporter’s recommendation (I should declare an interest – I acted for the appellant)

The Ministers intervened because “the delivery of appropriate housing developments …. [is] an issue of national significance”. Ironically, that intervention has delayed all 8 projects because of the additional procedure. It has also resulted in 1 less project being delivered, because the Ministers reversed the reporter’s recommendation.

With the Review of the Planning System well underway, it’s interesting to note the speed of decision-making: the quickest decision took 6 months (Cammo); the slowest was 19 months (Burghmuir A). Also, only 3 cases involved a hearing (not surprisingly the slowest ones), and there were no public inquiries – under the previous system, all would probably have gone to inquiry.

Neil Collar

Partner at Brodies LLP
Neil is a partner at Brodies LLP and consistently rated as one of Scotland’s leading planning lawyers. He is well known for both his planning inquiry advocacy and his advisory work. Neil has a particular interest in renewable energy developments.
Neil Collar

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