Search Results for: Town and Country Planning (Scotland) Act 1997

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Cairngorms Campaign and Others v Cairngorms National Park Authority: SCS 21 Sep 2012

(Opinion) The appellants objected to decisions by the respondent planning authority for the allocation of plots of land for residential and other development within the National Park. Judges: Lord Glennie Citations: [2012] ScotCS CSOH – 153 Links: Bailii Statutes: Town and Country Planning (Scotland) Act 1997 Scotland, Planning Updated: 05 November 2022; Ref: scu.464409

Elsick Development Co Ltd v Aberdeen City and Shire Stratetgic Development Planning Authority and Another: SCS 29 Apr 2016

(First Division, Inner House) ED appealed from the adoption of a supplementary guidance (SG). Held: The appeal succeeded. The First Division upheld three of the four grounds of appeal advanced. First, the court upheld the submission that the Authority had failed to comply with national policy on the use of planning obligations, holding that it … Continue reading Elsick Development Co Ltd v Aberdeen City and Shire Stratetgic Development Planning Authority and Another: SCS 29 Apr 2016

Fife Council v Uprichard: SCS 10 Nov 2011

The applicant had had rejected her challenge to the planning policy of the respondens. The court now considered the Council’s motion for expenses. Judges: Lord Justice Clerk, Lord Hodge, Lord McEwan Citations: [2011] ScotCS CSIH – 77, [2011] CSIH 77 Links: Bailii Statutes: Town and Country Planning (Scotland) Act 1997 Citing: See Also – Uprichard … Continue reading Fife Council v Uprichard: SCS 10 Nov 2011

Uprichard v Order of The Scottish Ministers: SCS 30 Jul 2010

The petitioners soiught to object to the decision of the Ministers to approve a structure plan proposed for the future development of St Andrews. Held: The request was refused. Judges: Lord Uist Citations: [2010] ScotCS CSOH – 105 Links: Bailii Statutes: Town and Country Planning (Scotland) Act 1997 Jurisdiction: Scotland Cited by: At Outer House … Continue reading Uprichard v Order of The Scottish Ministers: SCS 30 Jul 2010

G Hamilton (Tullochgribban Mains) Ltd, Re Judicial Review: SCS 13 Jan 2009

The land was subject to an old mineral planning permission. A plan attached to that permission was now lost, and the permission itself was now classed as dormant. The land-owner feared that in resurrecting the permissions, the authority had misdescribed the exrent of the land within the permission. Held: (Opinion) Lady Clark of Calton analysed … Continue reading G Hamilton (Tullochgribban Mains) Ltd, Re Judicial Review: SCS 13 Jan 2009

Standard Commercial Property Securities Limited for Judicial Review of A Decision Dated 26 August 1999 of Glasgow City Council: OHCS 15 Aug 2000

Judges: Lord Nimmo Smith Citations: [2000] ScotCS 228 Links: Bailii Statutes: Town and Country Planning (Scotland) Act 1997 191 Jurisdiction: Scotland Cited by: See Also – Standard Commercial Property Securities Limited Standard Commercial Property Developments Limited v Glasgow City Council Atlas Investments Limited for Judicial Review of Decisions of Glasgow City Counil OHCS 1-Jun-2004 . … Continue reading Standard Commercial Property Securities Limited for Judicial Review of A Decision Dated 26 August 1999 of Glasgow City Council: OHCS 15 Aug 2000

Standard Commercial Property Securities Ltd and others v Glasgow City Council and others: HL 16 Nov 2006

The claimant challenged a back to back agreement between the council and a developer where the council agreed to purchase compulsorily a plot of land against a developer’s undertaking to complete the development and indemnify the council against its costs. Held: A local authority may use its powers of compulsory purchase to assemble a site … Continue reading Standard Commercial Property Securities Ltd and others v Glasgow City Council and others: HL 16 Nov 2006

Standard Commercial Property Securities Limited Standard Commercial Property Development Limited v City of Glasgow Council Atlas Investments Limited for Judicial Review: OHCS 3 Dec 2004

Judges: Lord President And Lord Reed And Lord Kirkwood Citations: [2004] ScotCS 260 Links: Bailii Statutes: Town and Country Planning (Scotland) Act 1997 191 Jurisdiction: Scotland Citing: See Also – Standard Commercial Property Securities Limited for Judicial Review of A Decision Dated 26 August 1999 of Glasgow City Council OHCS 15-Aug-2000 . . See Also … Continue reading Standard Commercial Property Securities Limited Standard Commercial Property Development Limited v City of Glasgow Council Atlas Investments Limited for Judicial Review: OHCS 3 Dec 2004

Petition of Blue Circle Industries Plc for Judicial Review: OHCS 20 Sep 2001

Judicial Review was sought of a decision of a Reporter determining the Petitioners’ planning appeal, to refuse to sist a planning appeal. The local plan was going to appeal, and the reporter wanted to await the outcome. The court did not find any procedural unfairness or impropriety warranting the interference of the Court; or any … Continue reading Petition of Blue Circle Industries Plc for Judicial Review: OHCS 20 Sep 2001

Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012

The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not out of town. The parties disputed whether ‘suitable’ meant suitable to the needs for … Continue reading Tesco Stores Ltd v Dundee City Council: SC 21 Mar 2012

Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited: SC 25 Oct 2017

The court was asked whether, anticipating substantial growth, a local authority had power to attach to permissions for development conditions intended to recover sums for pooled fund for infrastructure development. Held: The appeal failed. Approved strategic development plans and their supplementary guidance are of substantial importance to planning decisions. A planning obligation may be entered … Continue reading Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited: SC 25 Oct 2017

The John Muir Trust, Re Judicial Review: SCS 4 Dec 2015

Judicial Review of a Decision of the Scottish Ministers dated 6th June, 2014 to grant consent under Section 36 of the Electricity Act 1989 to Scottish and Southern Energy Renewables for the erection of 67 wind turbines at Stronelairg, Garrogie Estate, Whitebridge, Fort Augustus together with deemed planning permission under Section 57(2) of the Town … Continue reading The John Muir Trust, Re Judicial Review: SCS 4 Dec 2015

Sustainable Shetland, Re Judicial Review: SCS 24 Sep 2013

Outer House – The petitioner environmental group objected to the grant under the 1989 Act of permission for the construction for a substantial wind farm in Central Mainland, Shetland. Lady Clark of Calton [2013] ScotCS CSOH – 158 Bailii Electricity Act 1989, Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000, Town and Country Planning (Scotland) … Continue reading Sustainable Shetland, Re Judicial Review: SCS 24 Sep 2013

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council and Another: SC 11 Jul 2012

The appellant owned land. Another company owned the mineral rights in the land. There had been no working of the mineral rights since 1982, and the respondent council had registered the planning permission as dormant, meaning that if the land was to be worked again steps would first have to be taken to meet current … Continue reading G Hamilton (Tullochgribban Mains) Ltd v The Highland Council and Another: SC 11 Jul 2012

City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals): HL 31 Oct 1997

The Listed buildings registers are to be read consistently; the trading level is a material consideration in listed buildings consent applications. The weight to be given to a material consideration once identified was a matter of judgment for the decision maker alone. Lord Clyde said: ‘In the practical application of section 18A, it will obviously … Continue reading City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals): HL 31 Oct 1997

Miller-Mead v Minister for Housing and Local Government and Another: CA 1963

The court considered the power of the Secretary of state to vary or amend an enforcement notice under the Act. Held: He could amend a notice which was otherwise invalid but not one which was upon its face a nullity. Lord Denning MR said: ‘He can correct errors so long as having regard to the … Continue reading Miller-Mead v Minister for Housing and Local Government and Another: CA 1963

Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

The House was asked whether the 1971 Act permitted the relevant authorities, by resort to their development plans, to support the retention of traditional industries or was the ambit of the Act such as to permit only ‘land use’ aims to be pursued? The court considered also the relevance of personal considerations in planning matters. … Continue reading Westminster City Council v Great Portland Estates plc: HL 31 Oct 1984

Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

Power to call in is administrative in nature The powers of the Secretary of State to call in a planning application for his decision, and certain other planning powers, were essentially an administrative power, and not a judicial one, and therefore it was not a breach of the applicants’ rights to a fair hearing before … Continue reading Regina (Holding and Barnes plc) v Secretary of State for Environment Transport and the Regions; Regina (Alconbury Developments Ltd and Others) v Same and Others: HL 9 May 2001

The British Broadcasting Corporation v Johns (HM Inspector of Taxes): CA 5 Mar 1964

The BBC claimed to be exempt from income tax. It claimed crown immunity as an emanation of the crown. The court had to decide whether the BBC was subject to judicial review. Held: It is not a statutory creature; it does not exercise statutory functions; it is not in any general way subject to statutory … Continue reading The British Broadcasting Corporation v Johns (HM Inspector of Taxes): CA 5 Mar 1964

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