Jurisdiction(s):
United Kingdom

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Key definition

Controls definition

What does Controls mean? In practice, controls are the user-facing settings (eg a cookie banner, preference centre or consent management platform) that let individuals accept, reject or later withdraw consent to cookies and similar tracking technologies. The term is descriptive rather than defined in statute, but requirements flow from PECR (UK) and the ePrivacy Regulations 2011 (Ireland), read with the UK GDPR/GDPR standard for consent and regulator guidance (ICO, DPC, EDPB). Key features: - No non-essential cookies before consent; essential cookies only for a service the user requests. - Granular choices by purpose/vendor, with “accept all” and “reject all” presented with equal prominence; no...

Scottish habitats, wildlife and landscape constraints on development: protected sites and species, INNS, trees, water/marine works, and licensing under NPF4 and post-Brexit regimes for developers and landowners

Published by a LexisNexis Property expert

Practice notes

STOP PRESS:

The Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026, anticipated to commence on 25 May 2026, set out a tailored regime of compensatory measures for relevant offshore wind activity, revising the Conservation (Natural Habitats, &c.) Regulations 1994 and the Conservation of Habitats and Species Regulations 2017. Notably, the standard compensatory provisions are switched off for relevant offshore wind projects and substituted with fresh obligations tied to enhancements for the UK MPA network. This Practice Note will shortly be revised to capture these updates.

The Practice Note reviews Controls and regulatory considerations safeguarding wildlife, habitats and landscapes in Scotland, and how these may affect and influence developers and landowners. It surveys the legal and regulatory framework for protected sites, including special areas of conservation (SACs), special protection areas (SPAs), sites of special scientific interest (SSSIs), Ramsar sites, marine protected areas (MPAs), national scenic areas (NSAs) and wild land areas (WLAs). It outlines which species, plants, hedgerows and trees are protected, and those categorised as Invasive Non-Native Species (INNS). It also addresses engineering operations within the water environment and the range of authorities responsible for regulating controlled activities and permits. Policy and legislative context Scotland recognised...

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Jamie Whittle

R&R Urquhart

Jamie Whittle is a Partner at R & R Urquhart LLP Solicitors, based in Forres in the North of Scotland. His work includes advising clients on a broad range of environmental and rural land related matters, including renewable energy, judicial reviews and alternative dispute resolution. He was a Morehead-Cain Scholar at the University of North Carolina at Chapel Hill, USA where he received BA (Hons) in modern languages, before completing his LLB in Scots law at the University of Edinburgh, and an MSc (Distinction) in human ecology at the Centre for Human Ecology. Since 2008 he has taught the legal diploma elective on environmental and renewable energy law at the University of Edinburgh School of Law. He is presently the chairman of two environmental charities relating to conservation and environmental education. ...

Web page updated on 21/05/2026

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