There's more than one type of consent for land developments
Posted: Thursday 26 January 2012
Whilst the majority of us are familiar with the need to seek local authority to consent to development, usually in the form of planning permissions and building warrants, the need for the consent of the Scottish Environmental Protection Agency (SEPA) is not quite so well-known.
Recently a Perthshire landowner was fined £9,000 by SEPA for carrying out unauthorised works on the River Tay, as reported here on the BBC News website. In addition to the fine, the landowner is also required to restore the affected stretch of the river to its original state.
The nature of the works undertaken by the landowner required consent under the Water Environment (Controlled Activities) (Scotland) Regulations 2005 (CAR), which was not sought. In addition to the fine levied on the landowner, the contractor involved was fined the sum of £900.
This matter serves to highlight the importance of seeking appropriate advice before embarking upon development or engineering works. At Morton Fraser, we have a number of Agricultural law specialists who can provide the advice you need to stay on the right side of the law.
If you would like to discuss any aspect of alteration to your land or property, contact Richard Wilson at richard.wilson@morton-fraser.com
