Planning Permission and Strategy in Scottish Borders

Our work around Scottish Borders

We cover 4 places across Scottish Borders: Galashiels is the main one, alongside Peebles, Kelso and Hawick. Neighbouring areas we also cover include Edinburgh & the Lothians, Fife and Forth Valley.

Near Scottish Borders, we look at schemes that need redesigning to work, sites where the layout needs to change and in-principle consents that still need detailed approval. Planning in Scottish Borders follows Scotland’s rules: National Planning Framework 4 sets national policy and the council’s Local Development Plan sets local policy.

Tell us about the site near Scottish Borders and we will explain how we would take it forward.

Our approach in Scottish Borders

Nothing to pay upfront

Where we promote land, we fund the planning work. They are only recovered from the sale proceeds if the land sells with planning permission.

Policy first

We start with the development plan, national policy and the planning history of the site, so the strategy rests on what the council will actually test the application against.

Technical work commissioned

Ecology, drainage, highways, flood risk, heritage and ground conditions, as the site requires. We brief each consultant and check their findings against the planning case.

Early engagement

We seek pre-application advice from the council where it is offered, and talk to neighbours and community groups before submitting, so concerns are dealt with early.

Rules that apply in Scottish Borders

Land sales in Scotland are concluded through missives, an exchange of formal letters between solicitors. Once missives are concluded they form a binding contract, and the buyer takes entry at settlement, then registers the title with Registers of Scotland. For land near Scottish Borders, missives can be made conditional on planning permission in principle, so the sale only proceeds if consent is secured. The buyer pays Land and Buildings Transaction Tax to Revenue Scotland.

In Scotland, National Planning Framework 4 forms part of the statutory development plan alongside the Local Development Plan. National and major developments need a proposal of application notice and community consultation before an application is made, and planning permission in principle can establish whether housing is acceptable. Obligations are secured through Section 75 agreements.

Key rules in Scottish Borders
National planning policy	National Planning Framework 4 (NPF4), which forms part of the statutory development plan
Local planning document	Local Development Plan (LDP)
Who decides applications	The council as planning authority (or a national park authority in its area)
In-principle consent	Planning permission in principle (PPP), followed by approval of matters specified in conditions
Land transaction tax (paid by the buyer)	Land and Buildings Transaction Tax (LBTT)
Land registration	Registers of Scotland (Land Register of Scotland)
How a sale becomes binding	Land sales are concluded through missives, formal letters exchanged between solicitors that become a binding contract once concluded, followed by settlement on the date of entry and registration in the Land Register of Scotland.
Developer contributions	Section 75 planning obligations, with Section 69 agreements sometimes used for simple one-off payments

Common questions in Scottish Borders

Can you guarantee planning permission?

No. Nobody can guarantee planning permission, because the decision rests with the planning authority or, on appeal, an independent appeal body. What we can do is choose sites with genuine prospects, prepare a thorough application and deal with likely objections before they arise. If we think a site is unlikely to succeed, we will tell you.

Who pays for a planning application?

Normally whoever makes the application pays the council fee and the cost of the surveys and reports. Under a promotion agreement with Land to Homes, we fund the planning work, and those costs are only recovered from the sale proceeds if the land sells with planning permission. On a direct purchase without planning, the planning cost and risk become ours.

How long does it take to get planning permission?

It varies with the size of the scheme, the council's workload and whether a legal agreement is needed. Small schemes usually move faster than major applications, which have longer statutory periods and often need a planning obligation. Pre-application advice and good survey work add time at the start but often save time later. We give you a realistic view for your site.

What is a Section 106 agreement?

A Section 106 agreement is a legal agreement between a council and a landowner or developer that makes a development acceptable in planning terms, for example by securing affordable homes or contributions to schools and roads. It applies in England and Wales. Scotland uses Section 75 agreements and Northern Ireland uses Section 76 planning agreements for similar purposes.

Do you take on planning and building work in Scottish Borders?

Yes, on sites we buy, option, promote or develop in partnership across Scottish Borders, including Peebles, Hawick and Galashiels. We do not take on planning or building work for third parties as a consultancy.