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We answer your financial queries Patricia Watson Consultant at Clarendon Planning & Development Email: pwatson@clarendonpd.co.uk www.clarendonpd.co.uk Q: Is it possible to obtain planning permission for development on land which is not allocated in a Local Development Plan (LDP)?
In some cases, yes it is. In Scotland, local authorities are legally required to prepare an LDP and these must be updated every five years. These plans should allocate sufficient land to enable delivery of the number of homes needed. Throughout Scotland there is an evidenced housing shortage, which has resulted from a growing population, a slow down of delivery during the recession and rising household numbers due to a reduction in average household sizes. The delivery of sufficient homes to meet this evidenced need is a national planning priority for the Scottish Government.
As such, sites which are allocated within LDPs are no longer able to deliver. The Commission on Housing and Wellbeing has set Scotland’s housing need at 23,000 homes per year, including 9,000 affordable homes. If a site is not included in an LDP, the local authority has the right to refuse this at local level on the grounds that it is a departure from their local policy. However, in such a case, the planning system allows the applicant the right to appeal to the Scottish Government.
Clarendon has recently been successful in winning several planning appeals for residential sites on the basis of the housing land supply shortfall. This is due to the Scottish Government’s drive to facilitate delivery of the country’s housing need without having to wait for new LDPs to be adopted. This process can be instrumental in achieving latent land value and can often be achieved with little or no upfront investment from a landowner.