The new Land Registration Act came into force on 8 December 2014 and is the first significant overhaul of the registration process since the creation of the Land Register in 1979. Much of the 2012 Act is directed at reinforcing the land registration system, as only 26% of Scotland’s land mass is currently on the Land Register.
Location is of the utmost importance to any retailer, so the thought of a rival store opening up in their back yard can cause considerable concern. In one such situation Tesco recently raised a judicial review of a Council decision that went all the way to the Supreme Court.
With the new planning regime, introduced by the Planning etc (Scotland) Act 2006 and affecting planning applications made since 3 August 2009, the scale of proposed development is a critical factor in taking forward planning for development work.
Recently, the Scottish Government issued a new policy document: “Planning Circular 1/2010: Planning Agreements“, which all planning authorities should take into account when putting in place any Planning Agreement (also commonly called “section 75 agreements”) now. Among other things, the Circular sets out tests that must ALL be satisfied to justify the use of a Planning Agreement to impose planning obligations: