The applicant sought a reclaiming motion against the local council’s Structure plan.
Held: The request was refused. Lord Justice Clerk Gill said: ‘A structure plan is that part of the statutory development plan that sets out the overall strategy on which development in the relevant area will be based. The plan rests on fundamental strategic objectives adopted by the planning authority in accordance with ministerial guidance. The Scottish Ministers retain the ultimate authority to approve its finalised terms. The strategic objectives are the basis of, and are carried into effect by, the various sectoral policies of the written statement. These policies are carried through in more detailed and site-specific ways in local plans and are ultimately implemented in ad hoc decisions on planning applications.’
Judges:
Lord Justice Clerk, Lord Brodie, Lord McEwan
Citations:
[2011] ScotCS CSIH – 59
Links:
Jurisdiction:
Scotland
Citing:
At Outer House – 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. . .
Cited by:
Principal judgment – 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. . .
Appeal from – Uprichard v Scottish Ministers and Another (Scotland) SC 24-Apr-2013
The appellants challenged the adequacy of the reasons given by the respondents in approving planning policies, in particular the structure plan, adopted by Fife Council for the future development of St Andrews. An independent expert’s report had . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 19 September 2022; Ref: scu.444243
