A session on planning law, development policies in Scotland and planning permission was presented by Alana Barker and Sarah Ballie from Addleshaw Goddard. This blog summarises the key points from the presentation and the research undertaken following the session’s culmination.
Planning System
Development can be defined as the change or adaptation of a new or existing property’s physical appearance or use. Planning permission is required in the development of a property.
A planning system involves implementing development strategies to further the growth of a particular area. Planning permission can be accepted or denied based on the purpose and utility of the property. Therefore, the planning system application should reflect the development plan for the area, based on the local council’s goals.
The planning system’s overarching aim is to increase economic growth in a sustainable, eco-friendly manner whilst preserving the environment and improving life quality. These aims are per the goals of the Scottish government.
A planning system is made up of three parts; development plans, development management and enforcement.
Development plan: This document indicates how the place with change and what it will look like in the future. It demonstrates how this change will benefit the public and the environment. It also indicates what difference will be considered acceptable and where these changes are permitted. A planning application is reviewed based on the development plan set by the local council.
Note: The local development plan covers every council area in Scotland. Some council areas, such as the West Lothian Council, also have a strategic development plan. Finally, councils can also prepare supplementary guidance documents, such as a framework or master plan.
Development Management: In development management, the planning permission application is reviewed by the council and accepted or denied based on the development plan. For more information on planning permission, visit the website.
For large-scale projects, extra information may need to be provided, such as a ‘pre-application consultation’ and ‘design and access statement’, to ensure the planning permission’s success. Finally, an ‘environmental impact assessment’ may need to be considered.
Enforcement: Ensures that the property’s development has been initiated after the planning permission is granted and that all conditions set out by the council are followed. If property development is continued without respect for the planning system procedure, the council can stop develop and issue penalties to the developer.
Armadale site
The site falls under the West Lothian Council’s authority. A residential area surrounds the site. It is situated adjacent to a B road with moderate transport links to the site. To the north is a partnership site.
The following policies need to be considered regarding the Armadale site; design principal, development obligation and active transport. The council seeks to increase sustainability, reduce carbon emission and invest in zero-carbon technology. Further research about the policies affecting the site are being looked into.
By Susanna Cherian
Published on 15/03/2021