Planning Law Cases & Laws in the UK
Below are recent planning law cases from our CaseCheck archive, including information on building planning laws. To view the full archive of case law, visit our Court Cases page. To search the full database please register with CaseCheck for free today.
Tesco Stores Limited v Dundee City Council and Asda Stores, [2012] UKSC 13, 21 March 2012  -  Supreme Court case considering an appeal from the Inner House which upheld the planning authority’s decision to grant permission for an Asda Store at a site in Myrekirk Road in Dundee. Tesco (which owns a store 800m from the proposed site) argued that the planning committee had failed to properly... more...
Greenland Developments (UK) Limited v. The Scottish Ministers, 20 January 2012, [2011] CSIH 05  -  Inner House case considering a planning appeal in respect of a proposed development of 12 flats by Greenland Developments on land to the south of Veitch’s  Square, Stockbridge in Edinburgh. Despite being recommended for approval by the planning officer, the application was refused as the development... more...
Dawn Developments for Judicial Review of a decision of Lanarkshire Council, [2011] CSOH 170, 18 October 2011  -  Case in which Dawn Developments sought judicial review of Lanarkshire Council’s decision to grant planning permission to JHAG Ltd for a development which included a superstore, garden centre, filling station and hotel at Redwood Crescent in East Kilbride. Dawn applied for planning permission... more...
Marco McGinty v The Scottish Ministers, [2011] CSOH 163  -  Petition for Judicial Review in which Mr McGinty sought reduction of National Planning Framework for Scotland 2 (NPF2) to the extent that it designates a new power station and transportation hub at Hunterston. Mr McGinty’s argument was that the Scottish Ministers had not complied with their obligations... more...
Penny Uprichard v. The Scottish Ministers and Fife Council, [2011] CSIH 59  -  Inner House case in which Penny Uprichard challenged a decision of the Scottish Ministers to approve the Fife Structure Plan 2006-2026 with Final Modifications dated May 2009. The Fife Structure Plan includes provision for a significant expansion of St Andrews with a view to making the town an ‘economic... more...
Paul Bova and Carol Christie v The Highland Council, [2011] CSOH 140  -  Petition for judicial review of a decision by Highland Council to grant planning permission for a development of 64 houses at Resaurie near Inverness.  The petitioners argued that the Council had failed to adopt the correct approach to assessing the risk of flooding arising from the development.... more...
Hallam Land Management Ltd v Edinburgh City Council [2011] ScotCS CSOH 75 06/05/2011  -  This case concerns the challenge by Hallam Land Management in terms of Section 238 of the Town & Country Planning (Scotland) Act 1997 in relation to the adoption by the City of Edinburgh Council of the Edinburgh City Local Plan (an “old style” plan). In essence the case related to specific allocations... more...
Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council, [2011] UKSC 15, 06/04/2011  -  This appeal concerns the application of planning law to a dwelling house disguised as a hay barn. The first issue is whether the building is within the provisions of the Town and Country Planning Act 1990 which impose a time limit for taking enforcement action against breaches of planning control. The... more...
Tesco Stores Limited v. Dundee City Council and (1) Asda Stores Limited; & (2) MacDonald Estates Group plc [2011] CSIH 9  -  In this action, the petitioners sought judicial review of a decision of the respondents’ Development Quality Committee to grant outline planning permission for the development of a superstore at Myrekick Road, Dundee. The petitioner objected to the grant of planning permission on the grounds that development... more...
Alan Cartledge v Scottish Ministers – 18 March 2011 & 22 March 2011  -  Two planning decisions have been issued in different actions brought by Mr Cartledge both of which relate to a caravan park at Glenfinart, Ardentinny, Argyll: Alan Cartledge v Scottish Ministers, [2011] ScotCS CSIH_23 (18 March 2011) and Alan Cartledge v The Decision of a Scottish Minster's Reporter... more...
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