Scotland planning news, December 2018


Scotland planning news, December 2018

03 Dec 2018



Headline news


Planning (Scotland) Bill: third-party right of appeal rejected and Stage 2 completed

The Scottish Local Government and Communities Committee completed its consideration of the Planning (Scotland) Bill at Stage 2 on 14 November, following the conclusion of the sixth day of consideration.
On 7 November, the Committee scrutinised the Bill for the fifth day of Stage 2 consideration. A series of amendments relating to third parties right of appeal planning decisions were tabled and considered on the day. Specifically, amendments 51, 59, 60, and 143 were considered and rejected by the Committee, with Scottish Planning Minister Kevin Stewart commenting that a third-party right of appeal ‘add time, complexity and conflict to the process’.
On 14 November, the sixth and final day of Stage 2 consideration took place. Scottish Planning Minister Kevin Stewart successfully moved amendment 158 which will require each planning authority in Scotland to have a chief planning officer.
The Planning (Scotland) Bill will be now considered at Stage 3.  


Quote of the month


An additional right of appeal may, on the face of it, appear to promise a lot to communities and individuals, but I am concerned that that claim is at best misguided and at worst misleading. An
additional right of appeal will simply add time, cost, procedure and conflict to an already stretched planning service. Does the committee really think that the result will be so different? Is it fair to
suggest to communities that they can expect to overturn decisions and put a block on development? The evidence shows that that will not be the case.

Scottish Planning Minister, Kevin Stewart, commenting on third-party right of appeal


Guidance published on Community right to buy abandoned, neglected or detrimental land

The Scottish Government has published guidance in relation to Part 3A of Land Reform (Scotland) Act 2003, which deals with communities right to buy process for abandoned, neglected or detrimental land.
The step-by-step guidance covers many aspects of such process, from the initial identification of land to the completion of a purchase. It also sets out what considerations should be taken into account, the relevant legal requirements that must be met, and the various decision-making status.
The guidance applies to all applications for consents received on or after 27 June 2018.

Research published on the relationship between food environment and planning system

The Scottish Government has published a research looking into the relationship between the planning system and food environment in Scotland.
The research was launched following the conclusion of the Scottish Government’s consultation on the paper ‘A Healthier Future’, which proposed over 30 actions to improve Scottish diet and lifestyle, and reduce public health harm. The evidence provided by the research will inform the next iteration of the National Planning Framework, as well as Scottish Planning Policy.
As part of the analysis, a review of National Policy and Development Plans across Scotland found that current planning policy has no interaction with the food environment, for what concerns addressing obesity. Specifically, the absence of planning policies against which to determine hot food takeaway applications means that these cannot be reasonably refused on health grounds.


The Lichfields perspective


With the conclusion of Stage 2, the Planning (Scotland) Bill moves a step closer to enactment. The Bill has been significantly amended during the six days of Stage 2 consideration, with the addition of thirty new sections which deal with a variety of planning-related issues, such as the purpose of planning, short-term holiday lets, and masterplan consent areas and land value capture to mention just a few. It will be interesting to see whether some of the proposed amendments which were not agreed at Stage 2, such as those on third-party right of appeal, will be moved again at Stage 3, when the Bill will be debated by the full Scottish Parliament. 

Gordon Thompson, Associate Director


Disclaimer: This publication has been written in general terms and cannot be relied on to cover specific situations. We recommend that you obtain professional advice before acting or refraining from acting on any of the contents of this publication. Lichfields accepts no duty of care or liability for any loss occasioned to any person acting or refraining from acting as a result of any material in this publication. Lichfields is the trading name of Nathaniel Lichfield & Partners Limited. Registered in England, no.2778116