Whilst many things have changed in the UK commercial property market since the recession, some things never change. Planning issues remain a key element of a successful property deal and resolving both the legal and commercial planning aspects of projects is often a significant challenge.

This seminar will highlight some of the key planning issues that can arise in the context of a property development deal, and some of the factors that can influence how they play out.  We will consider how to address planning problems when negotiating the deal, and drafting tips to get the deal over the line.  We will talk through how to go about altering Planning Permissions and Planning Obligations to fit commercial objectives.  Finally, we will focus on planning disputes that can arise on property deals, including some of the remedies available, and strategies for resolution.


This seminar will be of interest to developers, funders, planners, surveyors and commercial landlords and tenants with property interests north and south of the border.


The seminars will be presented by Colin Archibald, a partner in our Commercial Dispute and Regulation team, with over 15 years' experience in commercial dispute resolution work, including litigation, arbitration, adjudication, expert determination and related advisory work.  He has a particular focus on real estate litigation and contentious construction work.  Colin has dealt with a number of substantial and high profile property disputes for developers and landowners relating to planning conditions in property contracts.

Also presenting will be Susie Thornton, a partner in our Property and Infrastructure team.  Susie's focus is development and covers a wide spectrum including residential, office, retail, leisure, mining and waste.  Susie also undertakes general acquisition, sale and leasing work.  She has significant experience in the housebuilding sector and is a member of the Planning and Development Committee of the Scottish Property Federation.

Presenting from our Planning team will be Fraser Mitchell.  Fraser is an associate in our Planning and Environment team with extensive experience in advising developers and planning authorities in connection with all areas of planning law.  He has significant experience of advising on the planning application process and the negotiation of planning agreements, as well as appeals to the Scottish Ministers and legal challenges in the Court of Session.

Shepherd and Wedderburn, Edinburgh

Shepherd and Wedderburn

1 Exchange Crescent

Conference Square



191 Ingram St

G1 1DA