(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
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
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
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