Mediation

The Scottish Government is encouraging the use of voluntary mediation as a way of avoiding and minimising planning disputes.  The hope is that the use of mediation will result in quicker decisions and a more efficient planning system.

A few examples of where mediation might be appropriate are: during pre-application consultation, to resolve major concerns which been expressed by local communities; following refusal of an application for planning permission where the developer is intending to redesign and resubmit its application; where there is a significant body of opposition to a major development; or when negotiating the content of a complex section 75 agreement.

At Morton Fraser, we have long taken an interest and have played an active role in the use of mediation in the resolution of disputes.   Our expertise in this area means that we are well placed to use mediation, where appropriate, to resolve planning disputes.