ABSTRACT

In relation to the preparation of the development plan for an area, there is various strategic development planning authorities in Scotland. There are some specific differences in the statutory provisions applicable to Scotland and England. However, those differences aside, Scots planning law and procedure is generally similar to, and often identical with, that of England. In relation to the determination of a planning application, the authority must have regard to the provisions of the development plan and to any other material considerations. Practitioners should also be aware of the potential effect on any development on listed buildings and conservation areas. There are some 47,000 listed buildings in Scotland. Where it appears to the authority that there has been a breach of planning control, it may serve an Enforcement Notice on the owner or occupier of the land. Finally, an authority may seek to restrain or prevent a breach of planning control by applying to the court for an interdict.