Issues in relation to land use and its control bring together the areas of public law (including, increasingly, human rights) and commercial law in which members of Axiom specialise. Axiom is well placed to assist whether such issues arise in the traditional context of town and country planning, or in other areas such as environmental law and assessments, minerals, housing, energy, telecommunications, listed buildings, water and drainage, contaminated land, or roads and transport. In all these areas, increasing governmental activity in the form of primary legislation, statutory instruments, circulars and other guidance results in considerable complexity. As a result, persons and organisations active in these fields - on whichever side – require appropriate representation and advice.
Planning-related issues arise in many contexts. Apart from the most obvious in relation to preparation of development plans and development control decisions, they increasingly arise in the context of property transaction disputes. While there has always been a focus on advice in relation to and representation at local plan and public local inquiries, changes to the planning system and the other contexts in which planning issues may arise underline the importance of getting sound advice at the outset. Ultimately, there may be a need to consider challenging planning-related decisions in the courts. Where this stage is reached, it may be appropriate for costs protection in the form of a Protective Expenses Order to be sought. Members of Axiom have been at the forefront of developments in Scotland in this regard, and are well placed to advise as to whether or not such protection is appropriate in your case.
Members of Axiom are able to provide advice on all aspects of development planning and management. Members have acted and appeared for developers, objectors, local authorities, statutory consultees and the Government in relation to local plan inquires, public local inquiries, other statutory inquiries and court cases concerning planning decisions, including those arising from the local review bodies established as a result of the Planning etc. (Scotland) Act 2006. Whatever the context in which your control of land use issue arises, members of Axiom are able to provide practical advice and effective representation.