Latest news in Scottish planning and environmental law

spel 175 imageWith a new SNP minority government and the publication of an independent review of the Scottish planning system, 2016 looks like it could herald significant change for the planning profession north of the border.

The review found that there needs to be “a strong commitment to change existing practices and culture, and to re-focus the profession’s improvement agenda”. Whether there is the political will or the capability to take forward some of the more “game changing” proposals remains to be seen. What is certain is that we will see a large amount of soul-searching as to why previous calls for culture change have failed to be realised in practice.

Reflecting on case law

The Knowledge Exchange publishes a bi-monthly journal covering all aspects of planning and environmental law in Scotland. SPEL Journal (Scottish Planning & Environmental Law) launched over 30 years ago and is one of the leading information sources on land use planning and environmental legislation across the country.

A key part of our remit is to provide commentary on significant case law. We also provide a forum for consideration of issues affecting the planning system, from the point of view of solicitors, planners and academics.

Key court cases examined in the June edition include:

  • Quashing of the Aberdeen City and Shire Strategic Development Planning Authority’s ‘Supplementary Guidance – Strategic Transport Fund’
  • Interpretation of performance guarantee bonds, in relation to restoration obligations (South Lanarkshire Council v Coface SA)
  • The Forth Crossing Act 2011: compensation for the temporary possession of land and Certificates of Appropriate Alternative Development
  • Quashing of green belt school permission (St Andrews Environmental Protection Association Ltd v Fife Council)
  • Two cases clarifying protective expensive orders
  • Interpretation of ‘for public use’ and the concept of public benefit (Hunt v Moray Council)
  • The meaning of ‘waste’ and the proper interpretation of ‘recovery’ in the Waste Framework Directive.

There are also articles focusing on:

  • The role of planning in addressing demographic change as seen in the need for retirement housing Greg Lloyd, Ulster University & Wageningen University
  • New guidance on the valuation of land for affordable housing Andrew McCafferty, Andrew McCafferty Associates
  • Commentary on new guidance on improving energy performance and emissions in existing non-domestic buildings Laura L Tainsh, Davidson Chalmers LLP
  • Commentary on recent planning obligation appeals John Watchman, Watchman & Co

Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues. Given the Planning Review, there is still much to consider and debate, both within the framework of existing legislation, policy and guidance and in the context of an anticipated programme of further reform in Scotland.

An annual subscription to SPEL Journal is £145. For further details or a sample copy, please contact Christine Eccleson, SPEL Journal’s Advertising Manager, on 0141 574 1905 or email

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, surveyors, civil engineers, environmental managers and developers across Scotland. It is also valued by many practitioners outside of Scotland who need to keep abreast of developments.

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