This Practice Note explains the concept of permitted development in Scotland and how certain forms of development may be carried out without express planning permission under the Town and Country Planning (General Permitted Development) (Scotland) Order 1992, SI 1992/223. It outlines the statutory basis of permitted development, applicable classes, limitations, conditions and exceptions, including prior approval requirements. It identifies circumstances where permitted development rights do not apply, such as Article 4 directions, designated land and environmental assessment, and explains the role of lawful development certificates in confirming whether development is permitted. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. What is Development? Section 28 of the Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997) provides that planning permission is required for the ‘development’ of land. ‘Development’ is defined in TCP(S)A 1997, s 26 as comprising: • the carrying out of building, engineering, mining or other operations in, on, over or under land (See Practice Note: Planning for property lawyers (Scotland)—Is

This Checklist sets out the key aspects of due diligence in Scotland relating to breach of planning control arising from a change of use. It explains how to establish whether the existing use is authorised by planning permission, permitted development rights, the Use Classes Order or a certificate of lawful use, and whether the permission covers the whole property. It addresses enforcement notices, breach of condition notices and stop notices, statutory time limits and immunity from enforcement under the Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997), and outlines what should be included in the due diligence. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. Under TCP(S)A 1997, s 28, planning permission is required for a material change of the use of any buildings or other land. In addition, any conditions or limitations attached to a planning permission must be complied with. The buyer will be liable for any pre-existing breach. Therefore, it is necessary to check

This Checklist sets out the key aspects of due diligence relating to conservation areas in Scotland. It explains the implications of a property being located within a conservation area designated under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (P(LBCA)(S)A 1997), including stricter planning controls, potential Article 4 directions and notification requirements for works to trees. It outlines the consequences of carrying out demolition without planning permission or conservation area consent, including enforcement action and criminal liability with no time limit. It also highlights how potential breaches are identified and what should be included in the due diligence report. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. Conservation areas are parts of localities designated under P(LBCA)(S)A 1997, s 61, as areas of special architectural or historic interest, the character or appearance of which is desirable to preserve or enhance. See further: Designation of conservation areas: Stair Memorial Encyclopaedia [315]. What are the implications of the property being in a conservation

This Checklist sets out the key aspects of due diligence relating to listed building consent in Scotland. It explains when listed building consent is required under the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (P(LBCA)(S)A 1997), including for demolition, alteration or extension affecting a building’s character. It outlines the consequences of carrying out works without or in breach of consent, including enforcement action, criminal liability and the absence of any time limit for enforcement. It also covers the powers of planning authorities where a listed building is in disrepair, how potential breaches are identified through enquiries and searches, and what should be included in a due diligence report to a client. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. Is listed building consent required? P(LBCA)(S)A 1997, s 6 state that no person shall execute or cause to be executed any works for: • the demolition of a listed building, or • its alteration or extension in any manner which

This Checklist sets out key considerations when carrying out planning due diligence in Scotland to establish the planning position of a site. It covers reviewing the planning history, agreeing whether a limited or full report is required, identifying which planning permissions have been implemented, and analysing what development is authorised. It also addresses breaches of conditions or planning control, reporting on the scope and status of permissions, checking for enforcement action, and assessing whether any breach may be immune from enforcement. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. Importance of establishing the planning history of a site For transactions involving the creation, acquisition or disposal of an interest in land, it is important to determine the lawfulness of any existing or proposed uses or operational development on that land. This is because planning permission is required for the ‘development’ of land as defined in section 26 of the Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997) (see

This Practice Note explains the planning issues arising from demolition in Scotland and when demolition constitutes ‘development’ requiring planning permission under the Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997). It outlines permitted development rights for demolition under the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (GDPO), SI 1992/223, including limitations, exclusions and environmental impact assessment considerations. It explains when prior approval of the planning authority (PA) is required, the procedure and timescales for obtaining it. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. Planning permission—does demolition constitute 'development'? Under TCP(S)A 1997, s 26(1), planning permission is required for any development carried out on land. Development is broadly defined as building, engineering or mining operations, or any material change of use. TCP(S)A 1997, s 26 expressly defines the demolition of buildings as a building operation and so it falls within the definition of development. There is therefore a general requirement for planning permission to be

This Practice Note provides an overview of planning obligations in Scotland, commonly known as section 75 agreements, made under the Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997). It explains their purpose in making development acceptable in planning terms, the statutory and policy tests governing their use, and the types of infrastructure, services and mitigation they commonly secure. The note outlines the relationship between planning obligations and planning conditions, the use of unilateral undertakings, and key drafting and due diligence considerations. It also addresses registration, enforceability against successors in title, modification and enforcement by planning authorities. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. What are planning obligations? Agreements made under TCP(S)A 1997, s 75, also known as planning obligations or section 75 agreements, are agreements between developers and planning authorities (PAs) that require developers to contribute towards a range of infrastructure and services, such as community facilities, public open space, transport improvements and/or affordable housing.

This Practice Note explains the planning, listed building and conservation area enforcement regime in Scotland. It defines breach of planning control, including unauthorised development and failure to comply with planning conditions, and outlines the discretion of planning authorities in taking enforcement action. It summarises immunity from enforcement and statutory time limits, distinguishing between development, changes of use and other breaches. The note describes the main enforcement tools, including enforcement notices, stop notices and breach of condition notices, appeal rights and criminal liability. It also covers the distinct regimes for listed building and conservation area enforcement and highlights key due diligence considerations for property transactions. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. Breach of planning control and enforcement action For the purposes of the Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997), a breach of planning control is subject to enforcement action. For these purposes, a breach of planning control means: • carrying out development

This Practice Note explains the legal framework governing works to trees in Scotland, including tree preservation orders and trees in conservation areas. It clarifies when works to trees constitute development, the role of planning conditions in protecting trees and the statutory duties of planning authorities. It outlines the making, effect and procedure for tree preservation orders, the need for consent, exceptions and criminal offences for unauthorised works, and the duty to plant replacement trees. The note also explains the notification requirements and controls for works to trees in conservation areas and highlights key enforcement considerations. It is part of a collection of guidance on planning in Scotland, see: Planning for property lawyers in Scotland—collection. Works to trees Generally, work to trees does not constitute development under section 26 of the Town and Country Planning (Scotland) Act 1997 (TCP(S)A 1997) so that planning permission is not required. However, TCP(S)A 1997, s 159 imposes a duty on a local planning authority (PA) to:

Planning analysis: In Wealden DC v Devall, the High Court held that the owners’ rebuilding of a derelict barn and creation of extensive hardstanding on environmentally sensitive land were building/operational works amounting to ‘development’ for which planning permission was required. Applying the South Bucks framework in section 187B of the Town and Country Planning Act 1990 (TCPA 1990), the court treated the breaches as deliberate and granted a final injunction with mandatory restoration as a necessary and proportionate response to prevent rapid residential occupation and uphold planning control.

There is a right of appeal against most local planning authority (LPA) decisions on planning applications and related applications. For guidance on when a decision can be appealed, who can appeal and the appeal procedure, see Practice Note: Planning appeals—key points. In England, section 319A of the Town and Country Planning Act 1990 (TCPA 1990) gives the Secretary of State (SoS) the power to determine the procedure for dealing with various planning appeals and applications. An equivalent power is found in TCPA 1990, s 319B for the Welsh Ministers in Wales. This applies to appeals generally, including those which fall to be re-determined after the quashing of a decision on an appeal. A determination under TCPA 1990, ss 319A and 319B must provide for the proceedings to be considered in one or more of the following ways, as appears to the SoS/Welsh Ministers to be appropriate: a local inquiry, a hearing or on the basis of written representations. The SoS, and from 26 December 2023 in England, the inspector, can vary the chosen procedure(s) up to the point at which

Planning analysis: In R (Low Carbon Solar Park 6 Ltd) v SSLUHC, His Honour Judge Jarman KC refused the claimant’s statutory review against the decision of an inspector to dismiss the claimant’s application for planning permission for the construction and operation of a solar park at Pelham, Manuden. The claimant argued that the inspector had dealt with the application in a way that was procedurally unfair by failing to consider rebuttal evidence filed by the claimant after the end of the representation period. The case provides a cautionary lesson for applicants about the importance of front-loading applications for planning permission, particularly where the process in section 62A of the Town and Country Planning Act 1990 (TCPA 1990) is used, and reiterates that the requirements of procedural fairness are highly fact sensitive. Written by Christopher Moss, a barrister at 39 Essex Chambers.