Planning and The Environment
Welcome to Morton Fraser's Planning and Environment law blog.
My name is Douglas Milne and I am the head of Morton Fraser's Planning Law Team where we advise both landowners and organisations from our offices in Edinburgh, Glasgow and London.
This blog is designed to bring you updates on planning and environment matters. To stay up to date with my Blog click on the RSS feed next at the top of this page. I look forward to your comments.
If you would like to discuss your own or your organisation's particular situation please contact me on douglas.milne@morton-fraser.com
Kicking up a stink: nuisance and the right to protest
The highly publicised "Occupy" movement's protest camp outside St Paul's Cathedral has been the subject of court action, the City of London v Samede and others, which has a bearing on the law of nuisance
By: Douglas Milne
Published: 26 Jan 2012
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Restricting Occupancy Restrictions for Housing
The Chief Planner has written to all Heads of Planning in relation to the use of planning conditions imposing occupancy restrictions in housing developments.
By: Douglas Milne
Published: 21 Nov 2011
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Changes to Permitted Development Rights for planning
The Scottish Government has recently announced that regulations will shortly be brought into force to amend and extend existing permitted development rights.
By: Denise Findlay
Published: 4 Nov 2011
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Eliminating the Competition?
The Court of Session in Dawn Developments v South Lanarkshire Council has held that a local planning authority's decision not to hear competing planning applications together does not amount to procedural unfairness.
By: Denise Findlay
Published: 4 Nov 2011
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New planning circular: the Crichel Down Rules
Following on from its recent consultation, the Scottish Government has recently issued Circular 5/2011 setting out the non-statutory guidance known as the Crichel Down Rules.
By: Douglas Milne
Published: 18 Oct 2011
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Planning appeals: procedural slips and fair cracks of the whip
The Court of Session has decided that a failure to afford appellants in planning appeals an opportunity to respond to new evidence was contrary to natural justice and a breach of the Planning Appeals Regulations.
By: Douglas Milne
Published: 9 Sep 2011
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When does development begin?
The Court of Session in Doonin v Scottish Ministers has provided some useful guidance for developers and planning authorities as to when development has lawfully been “commenced”, which is a grey area in planning law.
By: Douglas Milne
Published: 1 Sep 2011
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New Environmental Impact Assessment Regulations for Scotland
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 came into force in June.
By: Douglas Milne
Published: 10 Aug 2011
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Important Update on "Planning Obligations"
Scotland's Chief Planner has written to all Scottish Planning Departments with an important update on the law and practice applicable to 'planning agreements', now known as 'planning obligations'.
By: Douglas Milne
Published: 3 Aug 2011
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A Compliant Nuisance?
The English High Court has issued an important judgement on whether compliance with environmental permits can constitute a defence to a claim of nuisance.
By: Douglas Milne
Published: 29 Jul 2011
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