Date: 07/09/2022 | Commercial Property, Construction, Planning, Residential Development
Consent Implementation Deadlines
Development consents are typically issued subject to a condition requiring development to commence within three years. If not implemented prior to expiration, a consent lapses and a fresh consent must be obtained. These deadlines were automatically extended so that planning permissions, listed building consents and conservation area consents due to expire during a defined “emergency period” could instead be implemented until such later date as the legislation specified.
The final emergency period ends on 30 September 2022. Development consents expiring before 30 September 2022 enjoy a final automatic extension until 31 March 2023. Those expiring after 30 September 2022 must be validly implemented by the stated deadline or formally extended, or they will lapse.
Electronic Communications
To facilitate social distancing and working from home, electronic communications were permitted where in-person events or hard copy documents would normally be required by planning procedure. Allowances for the online publication of documents and suspension of requirements for physical public events for pre-application consultation with communities will end on 30 September 2022. Councils are taking individual approaches to Local Review Body and Planning Committee meetings, so applicants and interested parties are advised to check the arrangements in place for in-person or remote attendance.
Enforcement of Planning Breaches
In 2021, the Scottish Government issued guidance encouraging planning authorities to exercise their discretion and turn a blind eye to temporary, reasonable breaches of planning control. These included such breaches as hospitality venues providing outdoor seating and takeaway facilities without consent and retail opening and deliveries outside approved hours. The guidance ceases to have effect from 1 October 2022, after which authorities will likely revert to the approaches in their respective Enforcement Charters.
Emergency Permitted Development Rights (PDR)
Temporary PDRs were introduced in 2020 and extended in 2021 to allow development: (i) by/on behalf of local authority or health service bodies which involved temporary buildings or changes of use for facilities associated with the pandemic; and (ii) the use of Crown land for purposes related to the pandemic.
The temporary periods during which these PDR apply will not be extended any further. The Chief Planner anticipated that the relevant activities for local authority or health body developments would generally cease by 30 June 2022 and, for Crown Land, the temporary use would cease 24 months from the date it began. Unless planning permission to retain the buildings or uses is sought, the land must be restored to its previous state and use within the timescales specified in the PDR.
If you have questions or concerns about any of these issues, please contact Jacqueline Cook.
Written by
Latest Updates
Keep your organisation up to date with the latest opportunities and changes in commercial law with regular insight and updates from the experts at Davidson Chalmers Stewart.
A typical law firm? Not really. But a partner for the people and businesses we work with? Absolutely.
Our determination to do things a better way is nothing without our clients. So if you like what you see and think we’d make a good team, let’s talk. Pick up the phone and call us direct or make specific enquiries to our individual email addresses across the website. Alternatively use the form to submit general questions and comments.
Either way, we’ll get the message.
Edinburgh
t0131 625 9191Glasgow
t0141 428 3258Galashiels
t01896 550991Edinburgh
Davidson Chalmers Stewart
12 Hope Street
Edinburgh
EH2 4DB
DX ED408
Galashiels
Davidson Chalmers Stewart
Waverley Chambers
Ladhope Vale
Galashiels
TD1 1BW
Want to get even more insight from Davidson Chalmers Stewart?
Keep your organisation up to date with the latest opportunities and changes in commercial law with regular insight and updates from the experts at Davidson Chalmers Stewart.
Copyright © 2023 Davidson Chalmers Stewart. All Rights Reserved