Comments for PlanningBlog - Brodies LLP

Comment on Sustainability – low impact development by Sue Hudson

Sue Hudson — Tue, 13 Jul 2010 13:40:33 +0000

Stephanie, I am familiar with the lowland crofting policy that was used by (I think) West Lothian and also by Dumfries and Galloway – are there any other models you could point me in the direction of? I am also referring in my report to the Climate Change Act – and have all sorts of literature from smallholdings that exist elsewhere – just need to pile enough onto the material considerations side of the scales!!

Comment on Sustainability – low impact development by Stephanie

Stephanie — Tue, 13 Jul 2010 11:32:04 +0000

Hi Sue, I can sympathise with your frustration. As the application is for smallholdings, have you thought about integrating this project into the Lowland Crofting land use concept/model?

Comment on Sustainability – low impact development by Sue Hudson

Sue Hudson — Mon, 12 Jul 2010 11:07:39 +0000

This has also been my experience to date with an application in North Lanarkshire Council – an application for 7 smallholdings on the edge of a town but in the green belt is being regarded wholly in terms of the green belt policy – the planners don’t seem able/willing to weigh material considerations such as the SG aims for carbon reduction and sustainable lifestyle choices into the equation at all – its very dispiriting and frustrating . Would be keen to hear of any useful approaches -

Comment on Compulsory Purchase : Get Involved by dw

dw — Wed, 23 Jun 2010 09:39:26 +0000

link at end of blog does not work.
thanks for the update – very useful!

Comment on waste developments – location, location, location? by John MacCallum

John MacCallum — Sun, 13 Jun 2010 13:13:36 +0000

A further example of a refusal contrary to recommendation with the Reporter siding with Councillors in appeals was in the case of one Council against a house-builder who had built a 4m high gabion basket retention feature 30m in length in an area designated for open space immediately to the rear of existing houses.

Twice, the planning officers had recommended approval for the retrospective applications (the first appeal dismissed on a lack of detailed information to enable a proper decision to be reached). Rather than taking enforcement action straight away, the developer was invited to make a planning application to “regularise” the situation. Enforcement action eventually proved difficult after the developer had sold the land to a third party prior to completion of the works in the open space area.

In the second appeal, it is intersting to note that residential and visual amenity were the basis of the Councillors’ reasons for refusal (among others on anti-socialbehaviour and flooding of houses). The Reporter who determined the appeal is an Architect and he agreed with the case presented by the Planning Consultant who acted on behalf of the Council that the design aspects were the key material consideration.

There are a number of issues raised by this particular case – Reporters siding with Councillors, design becoming a material consideration (long overdue!) and lack of enforcement action to protect residents from unauthorised and “horrendous” (Reporter’s words) developments from years of misery.

Comment on Culture Change by John MacCallum

John MacCallum — Fri, 14 May 2010 08:32:28 +0000

That’s a fair point about the impending staff cuts and protecting people’s jobs. However, we are where we are with the planning system in place and there will some who say that life goes on and let’s make the best of what we have.

Still difficult times ahead though.

Comment on Culture Change by Paul Houghton

Paul Houghton — Thu, 13 May 2010 17:24:15 +0000

I agree that people can change, but it seems to me that trying to push this agenda at a time when local government morale is low, and public sector cuts are on the horizon, will be particularly difficult. Shouldn’t the first step be to reassure people that they will have a job in 2 years time and then to pursue change?

Comment on Culture Change by John MacCallum

John MacCallum — Thu, 13 May 2010 16:32:39 +0000

Championing Culture Change

There is definitely a role in the making within the Scottish Government (or other body?)to latch on to and record good practice of things going well in Local Authorities now the new planning system is bedding in. The roadshow of Delivering Planning Reform Workshops recently held over Scotland and hosted by the Scottish Government, was a good example of this (certainly the Dundee one anyway). It highlighted commonality, differences and key areas for improvement and a growing attitude towards culture change.

Hopefully there will be some feedback from the Scottish Government of these workshops and that issues highlighted at the events will be looked into further.

Culture change can happen – it requires alot of effort and buy-in, on all sides and not just in the public sector. Let’s hope someone can take a lead on this to develop good practice among Local Authorities and developers so that we’re not all moaning about the same “teething problems” in another 5 years down the line with a “wish we had done something about it at the start” attitude.

Should we have a culture change champion?……..

Comment on First ever cost-capping order may encourage campaigners in planning challenges by Hunterston national development: cracks appearing? « PlanningBlog – Brodies LLP

Wed, 14 Apr 2010 15:43:26 +0000

[...] on the Hunterston application. It has also been facing a legal challenge (see previous article and post). The challenge is also connected to the adequacy of the Scottish Government’s consultation [...]

Comment on Reviewing your obligations by Death of the section 75? « PlanningBlog – Brodies LLP

Death of the section 75? « PlanningBlog – Brodies LLP — Tue, 13 Apr 2010 09:39:47 +0000

[...] Published April 13, 2010 Uncategorized Leave a Comment In Robert’s recent blog Reviewing your Obligations, mention was made of the increasing use of planning agreements as discussed at a Scottish [...]