On the back of Scotland’s hottest spring on record, our focus is more than ever on the development needed in the face of a changing climate, with a lot having been going on in this respect over the past few months. And of course, to deliver the development needed, we need a properly resourced planning system, with it clear that we need both additional resources, and to do more with the resources we have. On which and more, read on…
Programme for Government 2025-2026 – we were pleased to see that the Scottish Government’s Programme for Government 2025 – 2026 (published in May this year) includes commitments to boost planning capacity, reduce barriers to delivery, and reduce timescales for the consenting of large-scale energy generation projects. Specific proposals to reverse the decline in professional planners however comprise appointing, developing and training just 18 new future planners in the Scottish Government, and providing 30 bursaries for post-graduate planning by the end of September this year. In contrast to which Skills Development Scotland undertook research in 2020 which identified that, between then and 2030, 550-600 planners would be required to meet replacement demand due to retirements, and that an additional 130 planners would be required to cover a projected 11% growth in the planning sector over this period. It would thus seem that a lot more still needs to be done!
Ministerial and Chief Planner letters – in 2024, a total of four Ministerial and Chief Planner letters were issued in the year. This year, we have had that many in this quarter alone, covering:
- 2025 Progress update: Ministerial and Chief Planner letter (April 2025) – highlighting that planning is expected to continue to be in the spotlight for the remainder of the year, given its critical role in supporting the economy, the progress update touches on a wide range of matters under the Scottish Government’s work programme, including the ongoing implementation of National Planning Framework 4 (NPF4). Of particular interest to us, it is noted that interim guidance on the use of existing biodiversity metrics to demonstrate compliance with Policy 3 of NPF4 is expected this summer, with guidance on climate change adaptation and mitigation also anticipated to be published shortly, so we will be looking out for those for our summer reading list.
- National Planning Hub update: Chief Planner letter (May 2025) – having been following plans for the National Planning Hub with interest for some time (for the background to which, see our September 2024 Bulletin), we are pleased to see this now providing practical support to local authorities; including, for example, funding for expertise to assess a specialist technical report on hydrogen and to enable the sharing of resources within and shared across local authorities. It is though emphasised that the support is temporary only and should not be used to offset or reduce current resourcing of the system.
- National Planning Framework 4: Policy 22 (flood risk and water management) – Chief Planner letter (June 2025) – while this summer has so far been exceptionally dry, summer storms, rising sea levels, and the need to ensure developments are sustainably served by water from sources resilient to periods of water scarcity all mean that the proper implementation of policy requirements in respect of flood risk and water management are more important than ever. To this end, this letter provides new and updated information on the roles and responsibilities of different stakeholders in the application of Policy 22, as well as some commentary on advice on understanding flood risk, with this hopefully being useful for anyone with a proposed development where flood risk may be an issue.
- Coal Extraction: Chief Planner letter and Notification Direction (June 2025) – published in a parallel with a Scottish Government statement setting out its finalised policy position of no support for coal extraction in Scotland, attention is drawn in this letter to the Town and Country Planning (Notification of Applications) (Coal Extraction) (Scotland) Direction 2025 which, on coming into force on 19 June 2025, requires the Scottish Ministers to be notified of any planning applications for coal extraction within 7 days of validation. In addition to which, planning authorities are now also restricted from granting planning permission for coal extraction without first notifying the application to Scottish Ministers, with this applying both to new planning applications, and to any that are currently being considered.
The Town and Country Planning (Masterplan Consent Areas) (Scotland) Direction 2025 – in addition to the above Direction, in May this year, a new Direction (included in Planning Circular 1/2025: notification to Ministers of Masterplan Consent Area Schemes) came into effect which sets out the circumstances where planning authorities proposing to make a Masterplan Consent Area (MCA) Scheme (for more on which see our March 2025 Bulletin) for a specific type of development must notify Scottish Ministers before they can make the scheme. Those circumstances include development in which planning authorities have an interest, spaceport related development and energy from waste, amongst others. The Direction ensures a consistent level of scrutiny whether developments are progressed through a MCA or a planning application.
Planning fees – on 9 June 2025, new and increased planning fees came into force, including the introduction of fees for appeals and local reviews, with guidance on the changes published on the same day in the form of Planning Circular 2/2025: fees for applications and Planning Circular 3/2025: fees for local reviews and appeals. As with the fees for planning applications, the newly introduced fees for appeals and local reviews are calculated on the basis of the category and scale of development proposed, with fees to be increased in line with inflation each year (as the fees for planning applications have been this year). In some cases, this means projects facing significantly higher planning fees than they would have prior to the changes coming into force, albeit exemptions or reductions may be applied, for example for applications for developments comprising access for disabled persons, where an Article 4 Direction is in place, and playing fields where the application is submitted by a not for profit club. It is therefore worth reviewing the guidance in detail to make sure any fees are calculated correctly.
Proposals to streamline the planning system for major energy projects – both our December 2024 Bulletin and our March 2025 Bulletin touched on proposals to streamline the Scottish planning system for large energy projects and the progress of the required legislative changes through the Planning and Infrastructure Bill (introduced into the House of Commons just shortly before our March Bulletin was issued). The Bill has now been progressed to the House of Lords with relatively few amendments, so watch this space for a further update in our next Bulletin at the end of the summer.
Demand for a pause on energy infrastructure projects across the Highlands – while we are strong advocates for renewable energy developments generally, we also understand the importance of making sure that they are in the right places, with appropriate mitigation in place where necessary, and recognise that many people have concerns about having too many developments of this nature too close to them. This was highlighted earlier this month, when a convention of community council representatives from across the Highlands called for an immediate pause on major energy applications until their cumulative impact can be fully assessed through a national planning inquiry, and a motion to recognise the convention for ‘amplifying the voices’ of those concerned at the ‘industrialisation of natural landscapes’ was subsequently tabled in the Scottish Parliament by Conservative MSP Douglas Lumsden (as reported in the press here). Given the importance of both addressing climate change and empowering local communities to shape the future of the places where they live, it will be interesting to see what the outcome of this motion is.
Consultation on Draft Updated Sectoral Marine Plan for Offshore Wind Energy – following publication of the first Sectoral Marine Plan for Offshore Wind Energy in 2020, Scotland has amassed an ambitious pipeline of offshore wind projects, and a draft updated plan has now been prepared to reflect this. Informed by the latest scientific evidence, the draft updated plan is intended to provide clarity, certainty and confidence to ensure development is sustainable, responsible and balances the needs of communities, nature and other users of the sea, with the Scottish Government having made it clear that engagement is at the heart of this. To which end, consultation on the draft updated plan is currently being carried out and we would encourage anyone with an interest in this sector to respond, with the deadline for doing so being 22 August 2025.
North Sea fossil fuel consents – in our March 2025 Bulletin, we looked at the Court of Session’s ruling that consents for two Scottish oil and gas fields (the Rosebank oil and gas field and the Jackdaw gas field) were granted unlawfully as a result of downstream emissions not having been taken into account when doing so. At that time, we did though also say that this may be a case of those who raised the legal challenges to the consents having won the battle but not the war, and it has since been reported that Treasury sources have indicated that a new application to extract oil at Rosebank is likely to be supported, and it also possible for the decision to be appealed. Since when, new guidance has been published on how offshore oil and gas developers should account for future emissions, with this intended to “offer clarity on the way forward for the North Sea oil and gas industry”. Of course, new consents would still need to be applied for, but the new guidance sets the scene for operators to now do this, and there will no doubt be many (us included) watching with interest to see what happens next.
Flamingo Land – we have been reporting on the progress of the planning application by Flamingo Land for a major tourism related development in the Loch Lomond and the Trossachs National Park since 2019, and predicated that it could have a long way to run. The application was ultimately refused by the Park Authority in September 2024 on the grounds that it did not comply with environmental and nature conservation policies, including creating an unacceptable flood risk. But, perhaps unsurprisingly, that decision was appealed by the applicant and, in May this year, a Scottish Government Reporter indicated their intention to overturn the decision of the Park Authority and grant permission for the development, pending the finalisation of a legal agreement to secure the “Lomond Promise” for the developer to promote local businesses, provide jobs for local people and supplies and develop plans to protect the environment. The developer was given 26 weeks to finalise that agreement, following which the Reporter would revisit his decision if the agreement were not finalised by then. During which time, in yet another twist in this long running saga, Ivan McKee, the Minister for Public Finance, who is also responsible for planning, this month announced that the application has been recalled for determination by Ministers, with the justification for that being that the development raises issues of national significance in view of its potential impact on the National Park, such that the appeal should be determined at a national level. So, look out for further updates…
Kickstarting economic transformation – having spent 8 years working in the Highlands, including time spent working on the Wester Ross Local Plan, our Director, Maggie was particularly excited to read the news that Highlands and Islands Enterprise is making a £24m investment in the Kishorn Port to enhance its capacity and capabilities to enable the manufacture of floating offshore wind foundations. The investment is in turn predicted to support up to 1,500 jobs. Maggie has fond memories of stopping here to eat her sandwich when carrying out site visits for the Local Plan, but is firmly of the view that the site will be much better used as now proposed!
New national park – we have previously reported on plans for a new national park for Scotland, with Galloway having been confirmed as the proposed location for that, subject to further investigations being carried out on its suitability (see our September 2024 Bulletin). Following the completion of that investigation, along with a public consultation exercise carried out by NatureScot, NatureScot recommended that the Government should not proceed with the designation because the proposal had not garnered sufficient support locally to proceed, with opponents (54% of responses to the consultation) citing the negative economic impact the designation would have on farming, forestry and renewable energy, potential overtourism, impact on local infrastructure and services and concerns over the appropriateness of a national park solution for the area). The Scottish Government has accepted that recommendation and is instead to strengthen existing arrangements for environmental protection. Details of the NatureScot report are available here.
On us – as hoped in our March 2025 Bulletin, we have this quarter obtained planning permission for a new sports pitch for Banchory Community Football Club, and we are also delighted this month to secure consent for a solar farm at Brownside in Aberdeenshire, on behalf of our client Greentech Limited and for a Battery Energy Storage System in Ferrybridge for our client One Planet Developments. It is always gratifying to see projects such as these approved, and we look forward to now seeing them taking them shape and delivering the benefits they are expected to over the years to come.
Thanks for reading!
Pippa and Maggie
