Planning & Environmental
Scotland is rich in flora and fauna and blessed with an immensely varied landscape. The interests in the land and resources are just as many and varied, from farming and energy development to leisure and conservation. Our environmental law practice is equally wide-ranging: We deal with all aspects of environmental law, from conservation to contaminated land. Devolution for Scotland has already resulted in changes in legislation governing environment and conservation. We are closely involved, including in the areas of land reform, national parks and the designation of World Heritage Sites. In recent years, we've advised on establishing national parks and protected areas, on Scotland's new access code for recreational use and in relation to farming practices to protect wildlife, forestry, grazing rights, sporting rights and tourism. We act in both contentious and non-contentious matters, from drawing up management agreements to acting in public inquiries and representing clients in the procedure involved in Private Acts of the Scottish Parliament. We also advise on how to deal with environmental liabilities, pollution, waste management and contaminated land.
Environmental issues often go hand in hand with planning and our environmental team works closely with our planning experts, who deal with all aspects of planning law and advise at all stages of the planning process:
- how to respond to planning authority consultations
- conducting and considering inquiries into local and structure plans, including providing advocacy. With our wide experience, we are often able to identify changes in approach that result in inquiries being conducted more effectively
- submitting and objecting to planning applications
- advising on conditions in light of government guidance
We are keenly aware of the potential impact of planning legislation on the commercial viability of any development and have wide ranging experience in negotiating and drafting Section 75 Agreements with significant planning gain implications.
'The firm is well regarded for its specialist planning expertise, which covers areas such as nature conservation, waste matters and affordable housing.' (Chambers Directory, 2004.)
The Legal 500 also ranks us as one of the leading Scottish planning and environmental teams. Landfill sites, contaminated land, wind farm and CCGT developments, shopping centres, business parks and housing are just some of the matters we regularly handle.
'The planning team has been busy over the past year representing Scottish National Heritage in its opposition to wind farm applications. It also continues to act for the Waste Recycling Group on all general planning matters. This includes advice on inquiries relating to landfills.' (Chambers Directory, 2004)
In addition to the two named above, our environmental and planning clients include developers, investors, the mining industry, housing associations, local authorities and other public bodies as well as other landfill operators and conservation organisations. Acting for such a wide range of organisations has given us an in-depth understanding of environmental and planning issues from all sides. Our in-depth understanding of the planning system in Scotland at all levels means we can act very effectively for our clients.
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