Scotland local developments — human rights question still unresolved…
In Scotland, significant technical changes to planning legislation were brought into effect in August 2009 with the introduction of the current hierarchy of developments.
As a result of these changes, if a proposal is small scale (e.g. 49 houses or less) the chances of a planning application for that development being determined not by the elected members of the planning authority but by an officer of the planning authority on their behalf (‘the appointed person’) are greater. Such developments are termed ‘local’ under the planning hierarchy.
If a planning application relating to a local development fails to be determined by the appointed person under that authority’s local development scheme, there is no right of appeal available to the Scottish Ministers in respect of either the refusal or against the imposition of unfavourable conditions. There is merely a right to seek review by a Local Review Body (LRB) comprising a committee of elected members of that same planning authority…
Click on the link below to read the rest of the Gateley briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Gateley
News from The Lawyer
Briefings from Gateley
What the law (s244) says about credit terms once a company has fallen into insolvency
A heritable creditor is required to ‘take all reasonable steps to secure that the price at which all or any of the subjects are sold is the best that can be reasonably obtained’.
Analysis from The Lawyer
The Law Society recently published guidance to assist solicitors draw up Shariah-compliant wills, causing outrage in some quarters. Gateley’s Haroon Rashid explains the facts.