Arts & Business Scotland: Planning Law for Heritage and the Arts – A Survival Guide

Operations and development managers in the Arts and Heritage sector work within increasingly complex regulations, including the planning regime. Planning law governs how land and buildings are used and can be crucial to delivering cultural objectives and securing funding. However, it is seldom paid attention until a problem arises.

Did you know that…

…   using one space for different purposes may require multiple planning permissions?

…   you must adhere to any restrictions a planning permission imposes or face sanctions?

…   you could be liable for a previous owner’s breach of listed building control?

…   regulations can restrict advertisement even within your own premises?

…   enforcement action can be brought against someone without day-to-day control of the land?

Planning is also undergoing significant reform, with emergency Covid-19 measures in place while wider reform continues apace. Staying on top of what is required is difficult but more important than ever. Planning breaches can be serious, and some are even criminal offences. Authorities have broad powers and can require venues to close or carry out (and pay for) remedial works. Planning applications and enforcements appear on public records and involve public relations risks as well.

This session aims to identify potential planning pitfalls and how to deal with them. It will give you an understanding of the key concepts underpinning the Scottish planning system, including:

• what needs consent – physical development and different uses of land and buildings;
• who makes the decisions – Council planning departments, elected officials, statutory consultees;
• how planning decisions are made – policy and how the rules apply to you.

This training and knowledge sharing event will illustrate how an Arts and Heritage development is regulated in practice and review the consequences of breaching planning controls. Topical issues and upcoming reforms will also be covered, alongside questions and comments from delegates throughout the session.