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 the provisions of Schedule 9 to the 1997 Act. She said: ‘when a planning authority in accordance with paragraph 3 prepares a list of mineral sites within their area (the ‘first list’) what they are preparing is a list of ‘the land to which a relevant planning permission relates’. I consider that the intention of the legislation in relation to review of old mineral planning permissions in Schedule 9, is not to permit the planning authority to change the boundaries of land by reducing or increasing an area of land to which a relevant planning permission has been granted at an earlier date. The listing procedure envisages a listing of something which pre-exists ie the planning permission granted at an earlier date in respect of mineral sites.’

Judges:

Lady Clark of Calton

Citations:

[2009] ScotCS CSOH – 4

Links:

Bailii

Statutes:

Town and Country Planning (Scotland) Act 1997

Cited by:

See AlsoG Hamilton (Tullochgribban Mains) Ltd v The Highland Council and Another SCS 7-Jan-2011
. .
OpinionG 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 . .
Lists of cited by and citing cases may be incomplete.

Scotland, Planning

Updated: 22 July 2022; Ref: scu.280063