SPH (Scotland) Ltd v Edinburgh City Council: OHCS 25 Jun 2003

The respondent council was regularly asked to provide information by way of search information, and sought to charge a fee for the purpose.
Held: The provision of the information was discretionary and not in pursuance of any explicit power. The authority could impose only fees authorised by statute, and the scheme for charging was ultra vires. The duty on the authority to achieve economy in its activities could equally have been met by refusing to supply such information.


Lord Clarke


Times 19-Sep-2003


CitedRegina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd HL 14-Nov-1991
A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and . .
Lists of cited by and citing cases may be incomplete.

Scotland, Local Government

Updated: 29 April 2022; Ref: scu.186308