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	<title>Comments for PlanningBlog - Brodies LLP</title>
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	<link>http://planningblog.brodies.com</link>
	<description>Planning views from a Law Firm in Scotland</description>
	<lastBuildDate>Wed, 08 Feb 2012 09:32:09 +0000</lastBuildDate>
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		<title>Comment on aviation radar and suspensive planning conditions by Aviation objections &#171; Brodies Renewables Blog</title>
		<link>http://planningblog.brodies.com/2010/06/09/aviation-radar-and-suspensive-planning-conditions/#comment-552</link>
		<dc:creator><![CDATA[Aviation objections &#171; Brodies Renewables Blog]]></dc:creator>
		<pubDate>Wed, 08 Feb 2012 09:32:09 +0000</pubDate>
		<guid isPermaLink="false">http://planningblog.brodies.com/?p=334#comment-552</guid>
		<description><![CDATA[[...] a wind farm where there are aviation radar problems (for example, the Tormywheel wind farm). I’ve commented on the opposing schools of thought about [...]]]></description>
		<content:encoded><![CDATA[<p>[...] a wind farm where there are aviation radar problems (for example, the Tormywheel wind farm). I’ve commented on the opposing schools of thought about [...]</p>
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		<title>Comment on Court douses incinerator challenge by John Young</title>
		<link>http://planningblog.brodies.com/2012/01/27/court-douses-incinerator-challenge/#comment-551</link>
		<dc:creator><![CDATA[John Young]]></dc:creator>
		<pubDate>Tue, 07 Feb 2012 21:49:34 +0000</pubDate>
		<guid isPermaLink="false">http://planningblog.brodies.com/?p=1486#comment-551</guid>
		<description><![CDATA[Despite the councils victory in the courts the campaign goes on. Mr Seaton may think such action was misguided or destined to lose and that may be so but it doesn’t mean the people (24,000) were wrong in challenging the councils decision to threaten the local economy, the environment and health and wellbeing of our children against the deadly toxins released from such incinerators. Such decisions led to a political backlash at the last parliamentary elections and may do so again at the forthcoming local elections. Our conscience is clear but I suspect those who influenced the approval of this application against the wishes of the people is less so. The law is there to be challenged or changed should there be the will to do so and unless councils such as South Lanarkshire abide by their own policies and national guidance we will continue to remind them of who elected them.]]></description>
		<content:encoded><![CDATA[<p>Despite the councils victory in the courts the campaign goes on. Mr Seaton may think such action was misguided or destined to lose and that may be so but it doesn’t mean the people (24,000) were wrong in challenging the councils decision to threaten the local economy, the environment and health and wellbeing of our children against the deadly toxins released from such incinerators. Such decisions led to a political backlash at the last parliamentary elections and may do so again at the forthcoming local elections. Our conscience is clear but I suspect those who influenced the approval of this application against the wishes of the people is less so. The law is there to be challenged or changed should there be the will to do so and unless councils such as South Lanarkshire abide by their own policies and national guidance we will continue to remind them of who elected them.</p>
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		<title>Comment on Householder PD rights by householder permitted development rights &#171; PlanningBlog &#8211; Brodies LLP</title>
		<link>http://planningblog.brodies.com/2011/10/26/householder-pd-rights/#comment-550</link>
		<dc:creator><![CDATA[householder permitted development rights &#171; PlanningBlog &#8211; Brodies LLP]]></dc:creator>
		<pubDate>Mon, 06 Feb 2012 09:41:55 +0000</pubDate>
		<guid isPermaLink="false">http://planningblog.brodies.com/?p=1306#comment-550</guid>
		<description><![CDATA[[...] Today&#8217;s the day &#8211; the new rights come into force. See my previous comments. [...]]]></description>
		<content:encoded><![CDATA[<p>[...] Today&#8217;s the day &#8211; the new rights come into force. See my previous comments. [...]</p>
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		<title>Comment on Court douses incinerator challenge by Gareth Jones</title>
		<link>http://planningblog.brodies.com/2012/01/27/court-douses-incinerator-challenge/#comment-549</link>
		<dc:creator><![CDATA[Gareth Jones]]></dc:creator>
		<pubDate>Sun, 05 Feb 2012 22:11:19 +0000</pubDate>
		<guid isPermaLink="false">http://planningblog.brodies.com/?p=1486#comment-549</guid>
		<description><![CDATA[&quot;People tend to be motivated to take a judicial review by how much they disapprove of the planning decision, rather than the inherent strength of their case.&quot;

However much that may be true, people in this case were motivated and bright enough to work out that when something is inherently wrong, they should show their displeasure in some form as the system does not favour the layman. People presume, perhaps wrongly that the law will protect their interests. The gaping holes in the material considerations and the &quot;interpretation&quot; of the local plan showed that the site and application was made to fit the rules. 

If you look at legislation and the decisions that are made in regard to eFW plants, on the whole the council could have voted against it and listened to people of South Lanarkshire. They may regret that decision in the long run.]]></description>
		<content:encoded><![CDATA[<p>&#8220;People tend to be motivated to take a judicial review by how much they disapprove of the planning decision, rather than the inherent strength of their case.&#8221;</p>
<p>However much that may be true, people in this case were motivated and bright enough to work out that when something is inherently wrong, they should show their displeasure in some form as the system does not favour the layman. People presume, perhaps wrongly that the law will protect their interests. The gaping holes in the material considerations and the &#8220;interpretation&#8221; of the local plan showed that the site and application was made to fit the rules. </p>
<p>If you look at legislation and the decisions that are made in regard to eFW plants, on the whole the council could have voted against it and listened to people of South Lanarkshire. They may regret that decision in the long run.</p>
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		<title>Comment on Occupancy conditions by Occupancy restriction remains after first obligation appeal &#171; PlanningBlog &#8211; Brodies LLP</title>
		<link>http://planningblog.brodies.com/2011/12/19/occupancy-conditions/#comment-548</link>
		<dc:creator><![CDATA[Occupancy restriction remains after first obligation appeal &#171; PlanningBlog &#8211; Brodies LLP]]></dc:creator>
		<pubDate>Mon, 30 Jan 2012 17:40:29 +0000</pubDate>
		<guid isPermaLink="false">http://planningblog.brodies.com/?p=1435#comment-548</guid>
		<description><![CDATA[[...] McKinnon&#8217;s advice on occupancy restrictions was not cited. Although his general view is that occupancy restrictions are rarely appropriate and [...]]]></description>
		<content:encoded><![CDATA[<p>[...] McKinnon&#8217;s advice on occupancy restrictions was not cited. Although his general view is that occupancy restrictions are rarely appropriate and [...]</p>
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		<title>Comment on Court douses incinerator challenge by Jim Morris</title>
		<link>http://planningblog.brodies.com/2012/01/27/court-douses-incinerator-challenge/#comment-546</link>
		<dc:creator><![CDATA[Jim Morris]]></dc:creator>
		<pubDate>Mon, 30 Jan 2012 07:14:03 +0000</pubDate>
		<guid isPermaLink="false">http://planningblog.brodies.com/?p=1486#comment-546</guid>
		<description><![CDATA[Lanarkshire councilors decision will come back to haunt them at the upcoming elections.]]></description>
		<content:encoded><![CDATA[<p>Lanarkshire councilors decision will come back to haunt them at the upcoming elections.</p>
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		<title>Comment on More electioneering &#8230;. by Court douses incinerator challenge &#171; PlanningBlog &#8211; Brodies LLP</title>
		<link>http://planningblog.brodies.com/2011/05/04/more-electioneering/#comment-545</link>
		<dc:creator><![CDATA[Court douses incinerator challenge &#171; PlanningBlog &#8211; Brodies LLP]]></dc:creator>
		<pubDate>Fri, 27 Jan 2012 11:22:50 +0000</pubDate>
		<guid isPermaLink="false">http://planningblog.brodies.com/?p=936#comment-545</guid>
		<description><![CDATA[[...] to approve the controversial Dovesdale Farm energy from waste plant (see blogs here and here). The application had received over 20,000 objections from the public, more than the entire [...]]]></description>
		<content:encoded><![CDATA[<p>[...] to approve the controversial Dovesdale Farm energy from waste plant (see blogs here and here). The application had received over 20,000 objections from the public, more than the entire [...]</p>
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		<title>Comment on Burning issue inflames South Lanarkshire by Court douses incinerator challenge &#171; PlanningBlog &#8211; Brodies LLP</title>
		<link>http://planningblog.brodies.com/2010/10/08/burning-issue-inflames-south-lanarkshire/#comment-544</link>
		<dc:creator><![CDATA[Court douses incinerator challenge &#171; PlanningBlog &#8211; Brodies LLP]]></dc:creator>
		<pubDate>Fri, 27 Jan 2012 11:22:47 +0000</pubDate>
		<guid isPermaLink="false">http://planningblog.brodies.com/?p=513#comment-544</guid>
		<description><![CDATA[[...] heroic decision to approve the controversial Dovesdale Farm energy from waste plant (see blogs here and here). The application had received over 20,000 objections from the public, more than the entire [...]]]></description>
		<content:encoded><![CDATA[<p>[...] heroic decision to approve the controversial Dovesdale Farm energy from waste plant (see blogs here and here). The application had received over 20,000 objections from the public, more than the entire [...]</p>
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		<title>Comment on Right to silence by neilcollar</title>
		<link>http://planningblog.brodies.com/2012/01/24/right-to-silence/#comment-540</link>
		<dc:creator><![CDATA[neilcollar]]></dc:creator>
		<pubDate>Tue, 24 Jan 2012 11:08:10 +0000</pubDate>
		<guid isPermaLink="false">http://planningblog.brodies.com/?p=1483#comment-540</guid>
		<description><![CDATA[Very pertinent questions. These are the legal/ tactical issues that we&#039;re used to advising clients on.]]></description>
		<content:encoded><![CDATA[<p>Very pertinent questions. These are the legal/ tactical issues that we&#8217;re used to advising clients on.</p>
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		<title>Comment on Right to silence by Graeme Patrick</title>
		<link>http://planningblog.brodies.com/2012/01/24/right-to-silence/#comment-539</link>
		<dc:creator><![CDATA[Graeme Patrick]]></dc:creator>
		<pubDate>Tue, 24 Jan 2012 09:21:17 +0000</pubDate>
		<guid isPermaLink="false">http://planningblog.brodies.com/?p=1483#comment-539</guid>
		<description><![CDATA[What can a &quot;good lawyer&quot; do when a planning authority chooses to deny an applicant a right of appeal by going straight to a Breach of Condition Notice despite there being evidence that the condition in question had been complied with?  Is a failure to comply with a BCN, thereby causing a person to be guilty of an offence, any worse than incurring a parking fine or being caught speeding?  What are the real consequences of simply ignoring a BCN where you believe you have a case?]]></description>
		<content:encoded><![CDATA[<p>What can a &#8220;good lawyer&#8221; do when a planning authority chooses to deny an applicant a right of appeal by going straight to a Breach of Condition Notice despite there being evidence that the condition in question had been complied with?  Is a failure to comply with a BCN, thereby causing a person to be guilty of an offence, any worse than incurring a parking fine or being caught speeding?  What are the real consequences of simply ignoring a BCN where you believe you have a case?</p>
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