Legal/Regulatory Compliance Flashcards
What are some changes within the Planning Scotland Act 2019?
- LDP’s changed to every 10 years from 5
- New LDP creation process
- Removal of Supplementary Guidance
- NPF4 Statutory part of the LDP
- Creation of Local Place Plans
When was the amended 2019 Act adopted?
- 20th June 2019
Tell me about the Planning (Listed Building and Conservation Areas) Scotland Act 1997?
- Details and controls on Listed Buildings and Conservation Areas
- Con consent when demolition in Conservation Area
- LBC when internal or external works to Listed Building
- Enforcement and fixed penalties in relation to LB breach
Can you tell me about the Town & Country Planning Use Classes (Scotland) Order 1997
- Legislation is The Use Classes) (Scotland) Order 1997 amended by
- The Town and Country Planning (General Permitted Development and Use Classes) (Scotland) Miscellaneous Amendment Order 2023
- Gives the Use Class of various uses
- Gives PD rights for change of uses
- 2023 Changes include Class 1 and 2 together to form 1A
- 2023: No change need for planning from Class 1A to Class 3
What are Permitted Development Right?
- Works that can be carried out without the need to apply for planning permission
What are some of the amendments to the
Town and Country Planning (General Permitted Development)
(Scotland) Order 1992 as amended
- Agriculture buildings to Resi (under 5 dwellings
- Upstand EV hubs (under 3m in height)
- 2 of the 3 phases have taken place on the amendments to PD
- Phase 3 is to include Domestic Wind Turbines
Give examples of Use Classes that don’t require a Change of use?
- Class 1A to Class 3 (unless within 1m or below resie)
- Class 3 to Class 1A
- Class 3 to Class 4 (if below 300sqm)
- Class 5 to Class 4 and Class 6 (if under 235sqm)
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What processes do you use to stay up to date with changes in legal/regulatory compliance requirements?
- Scottish Government Planning Mailing List
- Brodies Webinars
- RTPI Mailing list
Could you provide an example of a situation in which you have successfully applied legal/regulatory compliance requirements to a project?
- Carrying out and submitting any planning applications using planning policy
Specific example:
- Paisley Road, Renfrew
- Client asked if a proposal for Class 1A to Hot Food Takeaway (Sui Generes) would be PD under amended 2023 order
- No only if the unit was proposed for Class 3 not Sui Gen under the amended order
- Assessed proposal against Renfrewshire LDP and submitted with relevant drawings
- Granted Permission
What are the Categories of Listing and difference between them?
A: Building of National or International Importance
B: Buildings of regional or more than local importance
C: Buildings of local importance (lesser example)
Paisley Road
For the project you were involved with at Paisley Road, Renfrew – would a change of use have been required if the client was seeking to use the property as a café?
- No this would have been PD given change of use and PD amendment 2023
- No residential unit above or within 1 metre
Paisley Road
What use is classified as Sui Generis?
- Hot Food Takeaway
- Pub
- Betting Shop
Ferry Road
How did you determine which Conservation Area policies were relevant to the proposal?
- Using the Edinburgh Local Development Plan 2016
- Online mapping system
- Policy ENV 5: Conservation Area’s- Demolition of Buildings (If unlisted, considered to make a positive contribution to the character of the area)
- Policy ENV 6: Conservation Areas- Development (suitable for area and use of appropriate materials)
Ferry Road
How did you apply your knowledge of legal/regulatory compliance to the Planning Position Report?
- Aware that from the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 that any proposed development at the site would require Conservation consent as well as Full Planning
- Report made client aware that pre app advice should be sought with regards to development at the site given the sensitive nature of the area
Tell me about the Construction (Design & Management) Regulations 2015?
H&S as well
- H&S during design and management of all commercial building projects
- Aims to improve management of H&S
- Duty holders: Client, Principle designer and contractor
- HSE to be notified if project takes over 30 days with 20 or more workers
- Criminal offence to breach
