Commercial Property Solutions

Expert Witness Case Studies

Property

Gateside West, Haddington

Property:

Gateside West, Haddington
Potential retail development within the business park

Client:

Premier Property Group (PPG)

  • Undertook initial planning appraisal of potential retail sites in Haddington for the client.
  • Advised the client on the purchase of site and sale of Gateside West to Sainsbury’s, which is currently applying for retail consent.
  • Acted for client in promoting site through local plan inquiry, lodging initial objection and representing them throughout the local plan inquiry.
  • Co-ordinated and led the inquiry team, which included legal, transport, landscape, design and planning input.
  • Produced a retail impact assessment and employment land review to justify the retail allocation.
  • Retain an ongoing role advising on potential development and management of site and existing businesses, including arrangement with existing occupiers.

 

Fort William High Street
Project:

North Road, Fort William
Public Local Inquiry into refused planning application for removal of bulky goods restriction across the majority of proposed retail park

Client: The Highland Council
  • Provided updated retail market assessment and retail impact assessments for two proposals for the site.
  • Demonstrated detrimental effects of alternative types of retail park upon Fort William town centre.
  • Appeared as an expert witness at the Inquiry.
  • Successfully defended the planning officers' position on appropriate retail use at North Road Retail Park.

 

Aberdeen Local Plan

Property: Aberdeen Local Plan Inquiry
Client: Homes for Scotland
  • In liaison with industry experts and solicitor advocates, researched and prepared precognitions in respect of housing land supply, affordable housing and developer contributions.
  • Appeared as expert witness at both Inquiries and presented detailed evidence on each topic.

 

Berryden Hospitals
Property: Upper and Lower Hospitals, Berryden, Aberdeen
Disposal of surplus land
Client: NHS Grampian
  • Provided advice on alternative uses for a redundant hospital site of 6 hectares.
  • Prepared and submitted representations on the finalised Aberdeen local plan and appeared as an expert witness.
  • Reviewed the tender submissions and assessed the deliverability in planning terms.
  • Undertook negotiations and recommended the developer.
  • Ensured the grant of full planning permission in terms acceptable to our client and the preferred developer.

 

Dunipace
Property:

Dunipace, Falkirk
Appeal against Falkirk Council

Client: Falkirk Council
  • Successfully defended at a Public Local Inquiry Falkirk Council’s decision to refuse, contrary to recommendation, a planning application for a substantial residential development in Dunipace.
  • Project managed the Inquiry.
  • Provided an extensive review of planning policy guidance.
  • Acted as expert witness at the Inquiry.

 

Arnothill
Property: Arnothill Conservation Area, Falkirk
Appeal against Falkirk Council
Client: Falkirk Council
  • Prepared written submissions in support of Falkirk Council’s decision to refuse, contrary to recommendation, planning permission for a high density residential development in the Arnothill Conservation Area.
  • Successfully defended client’s decision.
  • Provided an extensive review of planning policy guidance.

 

Donibristle and Hillend Industrial Estate
Project:

Donibristle and Hillend Industrial Estate, Dalgety Bay
Fife Public Local Inquiry into the refusal of planning permission for residential development on employment land site

Client: CALA Homes
  • Provided analysis of housing land supply, employment land supply and take-up in the locality.
  • Demonstrated that it would not be viable to reuse or redevelop the building or this location for employment use.
  • Demonstrated that the proposed development provided the only opportunity in the locality to deliver an element of affordable housing.
  • Appeared as expert witness at the Inquiry.
  • Successfully overturned the Council’s reasons for refusal resulting in an approval of planning permission.

 


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