Celebrating the 200th issue of Scottish Planning & Environmental Law journal

SPEL Journal (Scottish Planning & Environmental Law) has celebrated an impressive milestone this month, with the publication of its 200th issue.

Since 1980 the journal and associated annual conference have provided commentary and discussion of topical subjects, new legislation and significant court cases and planning appeal decisions.

Clearly, this would not have been possible without the contributions and support of numerous people over the years, including the Journal’s editors, editorial board members, contributors, reviewers, and readers.

Decades of change

When first established, the journal was known as”Scottish Planning Law and Practice”. As the emerging field of environmental law became increasingly linked to planning, the focus of the journal changed to reflect this.

Since its launch, the journal has traced the evolution of planning and environmental law. The 1980s were marked by a move to deregulation in planning across the UK. There was also a focus on urban regeneration and housing rehabilitation and improvement in Scotland’s urban areas. Scotland saw changes to environmental protection with National Scenic Areas established within planning legislation in 1980.

In the 1990s, major changes came with the Town and Country Planning (Scotland) Act 1997 which established the primacy of the Development Plan (Local Plans and Structure Plans) to guide future patterns of development. Environmental controls also increased due to the influence of the European Union.

In the 2000s there was an increasing emphasis on trying to integrate the historic environment into planning policy development. Scotland’s two national parks were created (Loch Lomond and the Trossachs in 2002 and the Cairngorms in 2003). In the mid and late 2000s we began to see a focus on climate change and placemaking, as well as increasing legal activity around planning for wind farms, and more recently fracking. In 2003, the Local Government in Scotland Act gave a statutory basis to community planning. The 2006 Town and Country Planning (Scotland) Act brought about significant modernisation of the planning system.

Scotland’s third National Planning Framework was laid before the Scottish Parliament in 2014, along with Scottish Planning Policy which set out detailed planning guidance. In recent years, planning policy has been increasingly linked to economic policy, for example in the City Regions and inclusive growth agendas. The process of reviewing the National Planning Framework is underway.

August 2020 issue

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 wish to keep abreast of developments.

The August 2020 issue has a typically varied range of articles. There is a discussion of new rules which allow group proceedings in Scottish courts from 31 July and whether this may lead to environmental class actions. The article notes that the group proceedings rules do not apply to judicial review or statutory appeal proceedings, which make up the majority of planing and environmental litigation in Scotland, so the impact could be limited.

Another two articles in the issue explore the consequences of the Court of Session’s “Gladman” decision in July, which relates to the policy presumption in favour of sustainable development within the current Scotland Planning Policy (SPP). The original planning application was for housing development in Kilmacolm.

A long tradition of supporting the professions

Unfortunately the 40th annual SPEL Conference, which was due to be held in September, has had to be postponed until next year. Until then, you can rely on SPEL Journal to continue its coverage of Scottish planning and environmental law.


Scottish Planing and Environmental Law Journal is published every two months. An annual subscription to SPEL Journal is £170.

For further details or a sample copy, please contact Christine Eccleson at christine.eccleson@Idoxgroup.com.

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.

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.

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 christine.eccleson@Idoxgroup.com.

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.

Hot topics in Scottish planning and environmental law

spel feb headerThe 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.

Our latest edition of SPEL includes articles focusing on:

  • Outcomes of the 2015 UN Climate Change Conference
  • The practical experience of delivering Planning Permissions in Principle
  • Wild land maps and their impact on planning law and policy
  • Hut development and the planning system – a significant shift.

Key court cases examined in the February edition include:

  • Sally Carroll v Scottish Borders Council – A wind turbine case which has clarified the role of Local Review Boards.
  • Stewart Milne Group Ltd v The Scottish Ministers – An appeal against refusal for residential development, which further consolidates the position adopted by the Supreme Court in Tesco Stores Ltd v Dundee City Council [2012].
  • The John Muir Trust v The Scottish Ministers – Wind farm consent has been reduced, as a result of the processes followed in the case for consideration of responses from consultative bodies.

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.

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.

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

Law and Legislation shutterstock_90378226The 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 August edition include:

An Ombudsman complaint against Highland Council (SPSO case no 200903131) is also covered.

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.