Planning & Environment
head of service:
The Planning group provides expert advice on all aspects of the planning system, from procedural matters to substantive questions of law.
the group’s experience
WJM’s planning team have considerable experience of advising in relation to planning matters, from initial strategic pre-application advice, through the development management process and in relation to Appeals to the Scottish Ministers, statutory Appeals to the Court of Session and judicial review.
The team is also well versed in advising on changes to the planning system introduced by the Planning etc (Scotland) Act 2006.
Fraser Gillies has a particular focus on the renewable energy sector, and is a member of the Scottish Renewables’s planning sub-group. The team also has extensive experience in advising other sectors including retail developers, housing and industrial developers; and waste management companies.
- Acting for a large developer in a number of planning inquiries into large wind farm developments across Scotland, including a large multi-party Inquiry in the Ochils, and a successful appeal in Aberdeenshire involving a challenge to key renewable energy policies in the Council’s development plan.
- Successfully negotiating detailed agreements and appropriate suspensive conditions to implement a radar mitigation solution on behalf of a large utility company, leading to the grant of planning consent.
- Acting for a developer in an ongoing Appeal into the refusal of consent for an innovative wind energy project involving a unique hydrogen balancing facility.
- Advising a range of developers on a variety of wind farm from small sub-20MW schemes up larger s.36 schemes, on matters such as planning conditions, radar mitigation, planning policy and the Environmental Impact Assessment process.
- Providing planning advice for one of the two final bidders for the Forth Bridge Project.
- acting in numerous Judicial Reviews for both developers and local authorities.
- acting in an Inquiry into a proposed Flood Prevention scheme, securing a favourable result for the client.
- Compulsory Purchase Order Inquiry work.
- Acting for waste management companies in respect of appeals against refusal of PPC permits relating to waste oil facilities.
Our advice is always provided with an eye to the commercial realities of any given situation and a sound understanding of our client’s objectives. The members of the group not only have a thorough understanding of planning issues but also possess excellent advocacy and negotiation skills - essential when presenting a case at Inquiry or negotiating with a local authority.
The planning system has undergone a period of significant change. We understand the importance of pro-active advice and realise the importance of keeping several steps ahead of anticipate developments to ensure our clients are kept fully informed. The group is monitoring closely developments as they occur and regularly issues updates to clients with analysis of the proposed changes.
In the field of renewable energy we have significant experience of Inquiries into wind farm developments, and an excellent track record of securing favourable results.
Download our brochure here Planning: Legal Expertise from WJM