October 2017 issue of SPEL Journal (Scottish Planning & Environmental Law) out now

As the recent Scottish Planning and Environmental Law conference showed, there are a number of external pressures affecting the planning system at the moment. These include the uncertainty around Brexit, the drive to achieve energy targets, and demographic changes impacting on housing supply and demand. Understanding how economic and social factors affect policy and decision-making is important, especially as we await the Planning Bill from the Scottish Government.

A key resource for planners and planning lawyers at this time is the Scottish Planning and Environmental Law Journal. Filled with commentary and analysis from leading professionals, lawyers and academics, the journal explores current developments and case law, and is published every two months.

October 2017 issue

The October 2017 issue has just been published and includes articles focusing on:

  • Community engagement with the planning system
  • Planning policy in relation to battlefields
  • Review of old mineral planning permissions

It discusses the Scottish Government’s programme for 17-18 and potential matters of interest within it of interest to planning and environmental lawyers. The latest statistics on planning authorities’ performance and the annual review of the Planning and Environmental Appeals Division of the Scottish Government are also examined.

Key court cases examined in the October 2017 edition include:

  • Trustees of the Grange Trust v City of Edinbrugh Council – Discussion of two pertinent issues in roads law
  • Wildland Ltd and The Welbeck Estates v the Scottish Ministers – Wind farm consent and impact on Wild Land Area

There is also discussion of differences in Scottish and English planning policy in relation to when presumption in favour of sustainable development applies.

A long tradition of supporting the professions

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.

Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, 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.


An annual subscription to SPEL Journal is £145. For further details or a sample copy, please contact Christine Eccleson on 0141 574 1905 or email christine.eccleson@Idoxgroup.com.

SPEL Conference 2017 open for bookings

We’re pleased to announce that this year’s Scottish Planning and Environmental Law Conference is on Thursday 21 September in Edinburgh, and we already have a great lineup of speakers confirmed.

This conference remains the flagship conference in this field, reflecting our commitment to supporting knowledge sharing and excellence within the built environment professions.

The last year has witnessed many developments which impact on the planning system and the conference will provide a space for the planning and environmental law community to discuss and debate these.

Key topics

Moves to reform the planning system continue, with a Planning Bill now expected to come before Parliament in Winter 2017. The publication in June of a Position Statement from the Scottish Government indicates their future priorities for the planning system in Scotland.

Planning Minister Kevin Stewart recently said that “I firmly believe Scotland’s planners can lead the delivery of great places, empower communities and provide a stable environment for investment through the uncertain times we live in.” However new skills, knowledge and behaviours will be required to make the ‘new planning system’ successful.

Added to this the uncertainties around Brexit, especially the possible impact on environmental legislation, and it is clear that significant changes are likely to affect the sector.

The SPEL Conference will be addressing key issues of infrastructure development, housing supply and energy strategy, as well as planning and environmental legislation.

As usual we’ll also be reflecting on recent case law and considering how it relates to daily practice. The conference is an excellent opportunity for solicitors and planners to refresh their knowledge of recent changes in planning and environmental law, as well as providing time for quality networking.

Conference programme

The programme features a broad range of speakers, bringing perspectives from the private sector, local government planning, academia and central government to bear on the issues.

Confirmed key speakers include:

  • Professor David Adams, Ian Mactaggart Chair of Property & Urban Studies, University of Glasgow
  • Dr John Boyle, Director Research & Strategy, Rettie & Co
  • Fraser Carlin, Head of Planning and Housing, Renfrewshire Council
  • Greg Lloyd, Emeritus Professor of Urban Planning, Ulster University
  • Ross Martin, former Chief Executive, Scottish Council for Development and Industry
  • Pauline Mills, Land & Planning Director, Taylor Wimpey
  • Mark Mohammed, Terra Firma Chambers
  • Alasdair Sutherland, Terra Firma Chambers
  • Robert Sutherland, Terra Firma Chambers
  • Laura Tainsh, Partner, Davidson Chalmers
  • Ian Turner, Community Empowerment Team Leader, Scottish Government
  • Rt. Hon. Brian Wilson, former UK Energy Minister, Chairman Harris Tweeds Hebrides

We’re also delighted that Stuart Gale, QC, will be chairing the conference for us.

If you’re interested in planning or environmental law in Scotland then SPEL Conference 2017 is the perfect chance to hear about the latest developments and network with others.


The 2017 Scottish Planning and Environmental Law Conference is on 21 September at the COSLA Conference Centre, Edinburgh.

The full conference programme and booking form are available here.

The conference is supported by Terra Firma Chambers.

Latest developments in Scottish Planning and Environmental Law

spel-179Moves to transform the Scottish planning system continue to progress slowly, with a new consultation published on 10 January 2017 by the Scottish Government focused on 20 proposals for improving the system. This follows in the wake of May 2016’s independent report ‘Empowering planning to deliver great places’, and despite the fact that a number of the “immediate actions” identified by the Government in its response to the review, are still to be completed.

The latest issue of Scottish Planning and Environmental Law Journal contains reaction to the consultation paper from stakeholders and also considers how the main proposals in the consultation align with the provisions of the Town and Country Planning (Scotland) Act 1997. The consultation closes 4 April 2017.

Case law update and commentary

The February 2017 issue also includes articles focusing on:

  • The reduced recognition of planning within the Scottish economic policy environment, as reflected in the outputs of the Council of Economic Advisers
  • Freedom of Information and Registered Social Landlords
  • Scottish Government proposals to raise planning fees
  • The UK Government’s new Industrial Strategy and land-use planning
  • Amendments to the CAR Regulations – Water Environment (Controlled Activities) (Scotland) Regulations 2011/209
  • Prematurity and a ‘plan-led’ system, as seen in the appeal decision for Taylor Wimpey UK Ltd v The Scottish Ministers

There is also discussion of recent case law and environmental law.

Valued for over 30 years

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. The bi-monthly journal is written by a wide range of subject experts.

Every issue includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.


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 1920 or email christine.eccleson@Idoxgroup.com.

Latest developments in Scottish planning and environmental law

spel-177The next year is going to be a busy one for planning in Scotland, judging by the Scottish Government’s Programme for Scotland 2016-17.  The dual priorities of modernisation and increasing housing delivery are shaping policy direction, but it is in the courts that real-world issues affecting implementation and delivery of policy are addressed.

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.

Reflecting on recent case law

Key court cases examined in the October 2016 edition include that perennially thorny topic of wind farm consents.

Firstly, the quashing of Stronelairg wind farm consent was overturned by the Inner House. This decision, which included the comment that ‘Creating images from different angles on the surrounding landscape does not provide the public with any information not already readily known and understood,’ may prompt discussions among planning authorities, statutory consultees and applicants about how visualisations and photomontages should be treated.

Secondly, the successful challenge of four offshore windfarm approvals by the RSPB highlights the difficulty for the Government and environmental stakeholders of achieving a balance between a commitment to realising the full potential of renewable energy in Scotland (including off-shore) at the same time as appropriately protecting the marine environment. Finding that necessary balance appears to be proving hard even in relation to projects where the appropriate environmental impact assessment has been carried out.

Other cases covered in October’s SPEL include:

  • Public sector equality duty as a relevant planning consideration [LDRA Ltd & Others v Secretary of State for Communities and Local Government & Others] – This decision is a reminder that protected characteristics have a wide scope and points to an onus being placed on decision-makers to demonstrate that the requirements of s149 of the 2010 Act have been considered.
  • ‘Community focused’ renewables planning permission quashed [R (on the application of Peter Wright) v Forest of Dean District Council and Resilient Energy Severndale Ltd]. This case focused on whether a financial contribution in the context of a wind turbine development may be taken into account in granting planning permission. The decision is in line with previous case law but as Karen Hamilton of Brodies LLP notes “If policy ‘encouragement’ of community schemes is to persist then a clearer path should be laid out to enable participating developers to be credited for their efforts“.
  • Liability of roads authority for injuries to cyclist [Robinson v Scottish Borders Council]. Whereas English courts have been reluctant to impose liability on highway authorities, this judgment found that the hazard would have been apparent to a roads authority of ordinary competence, using reasonable care.

The journal also includes commentary and articles on topical issues and policy developments.


Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues.

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 christine.eccleson@Idoxgroup.com.

Scottish planning reform: new opportunities or more of the same?

spel conf banner

We’re pleased to announce that this year’s Scottish Planning and Environmental Law Conference is on Thursday 29 September in Edinburgh, and we already have a great lineup of speakers confirmed.

This event marks 25 years since the first SPEL conference and Idox is proud that it remains the flagship conference in this area, reflecting our commitment to supporting knowledge sharing and excellence within the built environment professions.

The last 12 months have witnessed many developments which impact on the planning system and the conference will provide a space for the planning and environmental law community to discuss and debate these.

Key topics

The major policy development is that we are currently awaiting a White Paper later this year from the Scottish Government in response to the Independent Planning Review report. The Government has already set out some immediate actions and longer-term work plans to be undertaken to create an “ambitious but practical programme of planning reform”.

However this agenda develops, it’s clear that the challenges facing the economy and communities remain – in the words of Kevin Stewart, Minister for Local Government and Housing, this means “supporting economic growth and house-building, whilst protecting and enhancing the quality of life of all our communities.” The SPEL Conference will be addressing these key issues of infrastructure development and housing supply.

Meanwhile the recent confusing messages from the UK Government on the new Hinkley Point nuclear power station have underlined the importance (and controversy) of energy security. The conference will include a discussion of the environmental, economic and moral consequences of Scotland’s energy choices.

The need for continued modernisation and efficiencies will be addressed in a session looking at leadership and smart resourcing. Research from the RTPI at the end of last year found that there’s been nearly a 20% reduction in planning department staff in Scotland since 2010. Gross expenditure in planning authorities has also dropped by £40 million between 2010/11 and 2015/16. Despite these pressures, councils have continued to deliver quality services but there is a very real risk around loss of skills.

As usual we’ll also be reflecting on recent case law and considering how it relates to daily practice. The conference is an excellent opportunity for solicitors and planners to refresh their knowledge of recent changes in planning and environmental law, as well as providing time for quality networking.

Conference programme

The programme features a broad range of speakers, bringing perspectives from the private sector, local government planning, academia and central government to bear on the issues.

Confirmed key speakers include:

  • Tammy Adams, Head of Planning, Homes for Scotland
  • Denis Garrity, Advocate, Terra Firma Chambers
  • John Hamilton, CEO, Winchburgh Developments Ltd
  • Greg Lloyd, Emeritus Professor of Urban  Planning, Ulster University
  • Rebecca Lunn, Professor and Head of CGEEG, University of Strathclyde
  • Ross Martin, Chief Executive, Scottish Council for Development and Industry
  • Craig McLaren, Director of Scotland and Ireland, RTPI
  • John McNairney, Chief Planner, Scottish Government
  • Stephen O’Rourke, Advocate, Terra Firma Chambers
  • Sara Thiam, Director, Institution of Civil Engineers

We’re also delighted that James Findlay, QC, will be chairing the conference for us.

If you’re interested in planning or environmental law in Scotland then SPEL Conference 2016 is the perfect chance to hear about the latest developments and network with others.


The 2016 Scottish Planning and Environmental Law Conference is on 29 September at the COSLA Conference Centre, Edinburgh.

The full conference programme and booking form are available here.

The conference is supported by Terra Firma Chambers.

The changing landscape of planning: Scottish Planning & Environmental Law Conference 2015

spel conference image 2By Morwen Johnson

This year’s SPEL Conference is on Thursday 17 September in Edinburgh, and we’re finalising an insightful programme. In a fast moving economic and political environment, the last 12 months has witnessed many developments which impact on the planning system. This year’s conference will provide a space for the planning and environmental law community to discuss and debate these.

Key topics

Key issues to be explored include planning issues around unconventional gas. Public controversy in the UK over fracking has received considerable news coverage in the last few months. Just two weeks ago, the shale gas firm Cuadrilla announced it was to appeal against the decision by Lancashire County Council to refuse permission to drill and frack at two sites in the county (Little Plumpton and Roseacre Wood on the Fylde Coast). The Scottish Government also announced in January a moratorium on granting planning consents for unconventional oil and gas developments, including fracking, while further research and a public consultation are carried out. We’re bringing together representatives from the legal and business viewpoints at the conference to explore the implications.

Another hot topic is how the planning system can ensure the delivery of housing land. Neil Collar from Brodies LLP wrote in the last issue of Scottish Planning and Environmental Law Journal about how planning authorities and developers both have a role to play. From a practitioner point of view, he highlighted that local planning authorities need to address development promotion – not just identifying sites in in plans but taking a proactive approach to delivery, for example addressing issues such as multiple ownership or infrastructure requirements at an early stage. The SPEL Conference will explore this in more depth.

As usual we’ll also be reflecting on national planning policy, and the programme of planning modernisation. We’ve been running the SPEL conference for nearly 20 years and in this time it has gained a reputation for being a forum for open and critical debate about the operation of the planning system in Scotland.

Conference programme

The programme features a broad range of speakers, bringing perspectives from the private sector, local government planning, academia and central government to bear on the issues.

Confirmed key speakers include:

  • Professor David Adams, Ian Mactaggart Chair of Property and Urban Studies, University of Glasgow
  • David Leslie, Acting Head of Planning and Building Standards, The City of Edinburgh Council
  • Nick Wright, Nick Wright Planning and due to be Convenor, RTPI Scotland in 2016
  • Maurice O’Carroll, Advocate, Terra Firma Chambers
  • Alasdair Sutherland, Advocate, Terra Firma Chambers

We’re also delighted that Gordon Steele, QC, will be chairing the conference for us.

If you’re interested in planning or environmental law in Scotland then SPEL Conference 2015 is the perfect chance to hear about the latest developments and network with others.


The 2015 Scottish Planning and Environmental Law Conference is on 17 September at the COSLA Conference Centre, Edinburgh.

The full conference programme and booking form are available here.

Morwen Johnson is the Managing Editor of Scottish Planning and Environmental Law Journal.

February issue of SPEL Journal (Scottish Planning & Environmental Law)

spel feb 2015The 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.

The latest edition of SPEL includes articles focusing on:

Key court cases examined in the February edition include:

  • Secretary of State for Communities and Local Government v Venn – Aarhus and Protective Costs Orders
  • The John Muir Trust v The Scottish Ministers  – Protective Expenses Order
  • South Lanarkshire Council v Coface SA  – Liability for restoration payment
  • Hallam Land Management Ltd v The Scottish Ministers  – Housing supply and education infrastructure

SPEL was launched in 1980 as ‘Scottish Planning Law & Practice’, to be a journal of record of Scottish planning. When it became apparent that the emerging field of environmental law was strongly linked to land use planning, the name of our journal changed to reflect this.

Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, 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.

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 christine.eccleson@Idoxgroup.com.

October issue of SPEL Journal (Scottish Planning & Environmental Law)

SPEL 165The 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.

The latest edition of SPEL includes articles focusing on:

Key court cases examined in the October edition include:

It also looks at proposed planning controls for payday lending and betting offices; and features a KnowHow article on amenity notices.

SPEL was launched in 1980 as ‘Scottish Planning Law & Practice’, to be a journal of record of Scottish planning. When it became apparent that the emerging field of environmental law was strongly linked to land use planning, the name of our journal changed to reflect this.

Written by a wide range of subject experts, SPEL Journal includes accessible commentary on topical subjects and current issues; details of new legislation and significant court cases; expert comment on key planning appeal decisions, government circulars and guidance; as well as notes about ombudsman cases and book reviews.

SPEL Journal is read by decision makers in Scottish planning authorities, planning law practices, planning consultancies, architects, 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.

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 christine.eccleson@Idoxgroup.com.

Meeting ambitious targets: Scottish Planning & Environmental Law conference 2014

SPEL Conference brand image

There’s less than two months to go until this year’s Scottish Planning and Environmental Law conference so we thought we’d flag up some of the expected highlights. We’ve been running the SPEL conference for nearly 20 years and in this time its gained a reputation for being a forum for open and critical debate about the operation of the planning system in Scotland.

This year’s conference focuses on the theme of “meeting ambitious targets”. Scotland has some of the most ambitious targets in Europe – if not the world – when it comes to addressing climate change issues. Like the rest of the UK, Scotland is also facing challenges around ensuring adequate housing supply, especially affordable housing.

We expect that the conference will provide an ideal opportunity for discussing the implications of recent decisions on key renewable energy applications, as well as the intersection of the planning system with the housebuilding industry.

As usual we will also be reflecting on national planning policy, assessing the potential impact of NPF3 and Scottish Planning Policy on planning outcomes and performance, three months after they were laid before Parliament.

The programme features a broad range of speakers, bringing perspectives from the private sector, local government planning, academia and central government to bear on the issues.

Key speakers include:

  • Professor Greg Lloyd, Head of School of the Built Environment, University of Ulster
  • John McNairney, Chief Planner, The Scottish Government
  • Lindsey Nicoll, Chief Reporter, Directorate for Planning & Environmental Appeals
  • Nick Wright, Nick Wright Planning and Junior Vice Convenor, RTPI Scotland
  • James Findlay, Advocate (QC England and Wales), Terra Firma Chambers
  • Michael McGlynn, Head of Planning & Building Standards Services, South Lanarkshire Council

We’re also delighted that Rt. Hon Sir Menzies Campbell will be chairing the conference for us.

If you’re interested in planning or environmental law in Scotland then SPEL 2014 is the perfect chance to hear about the latest developments and network with others.

 

Note about the conference:

The 2014 Scottish Planning and Environmental Law conference is on 24 September at The Teacher Building in Glasgow.

The full conference programme and booking form are available here.

June issue of Scottish Planning & Environmental Law out now

train tunnel

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. Continue reading