The Appellant was one of five local residents who applied under Section 15 of the Commons Act 2006 (‘the 2006 Act’) to have a piece of land in the town of Redcar registered as a town or village green. When land is successfully registered as a town or village green under the 2006 Act, the inhabitants of the locality concerned are entitled to exercise ‘lawful sports and pastimes’ over the land, such as walking, or playing informal games. Registration typically prevents deve ...
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The decision in this case relates to the controversial proposal by Donald Trump to construct an international golf resort in Aberdeenshire. The original application was made to Aberdeenshire Council but when it appeared likely that the “Planning Committee” of the Council would refuse planning permission the application was called in by Scottish Ministers for their determination. Following upon a 4 week inquiry planning permission was granted in December 2008. That ...
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This case was brought by Penelope Uprichard and sought to challenge under the planning legislation a decision of Fife Council to grant planning permission for the installation of 28 parking meters at various locations throughout St Andrews. It is not clear whether while the case was brought under the planning legislation, in reality was as much a challenge to the system of parking regulation. The parking meters replaced an earlier voucher parking system.
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This case concerns an application for judicial review by Sainsbury’s in relation to a decision of Perth & Kinross Council. The facts are complicated but the judge made some interesting observations of general relevance. Murray Shaw, planning expert and Chairman of Biggart Baillie added his comment to this report as detailed below. In this video he explains why this decisions is an interesting one.
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Section 75 Agreements are often integral to the grant of planning permission. Typically they will be negotiated by the developer who at the time the Section 75 Agreement falls to be signed is not the land owner. The relevant Option Agreement or missives will usually make provision for the land owner to be bound to enter into the Section 75 Agreement. This case is an interesting example of where that approach may go wrong and it is therefore of considerable interest because the app ...
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Appeal under the Town and Country Planning Act 2007:- Here the council appealed under section 239 of the Town and Country Planning (Scotland) Act 2007 against a decision by a reporter appointed by the Scottish Ministers to allow a planning appeal by a Dr PH Campbell against the refusal by the council of his application for outline planning permission. The application was dated 17 April 2007 and was refused by the council on 20 August 2007. The reporter decided the appeal on 22 January 2008. It w ...
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On 10 April 2003 the appellant applied to the Scottish Borders Council for planning permission for twelve wind turbines to be erected in Peebleshire. On 6 June 2008 the appellant appealed to the respondents against the failure of the Scottish Borders Council to determine their application. By letter dated 12 June 2008 the respondents notified the appellant that it appeared to them that the appeal was out of time and by a letter dated 9 July 2008 they refused to consider the appeal. Here the appe ...
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Reclaiming Motion:- On 19 April 2007 the Lord Ordinary refused the reclaimers' appeal under section 29 of the Land Compensation (Scotland) Act 1963 against a decision of the respondents. That decision had been made on an appeal lodged by the reclaimers against the decision of East Dunbartonshire Council to issue a certificate of appropriate alternative development in respect of an area of land on the western edge of the village of Torrance. Here the reclaimers sought review of the interlocutor o ...
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The pursuers and appellants are a firm of house builders who in 2001 were engaged in a private housing development adjacent to Holly Road, Leven, Fife. The development required the building of new roads which at one point linked up with the existing thoroughfare at Holly Road. The defenders and respondents are the relevant roads authority and the appellants required to obtain a construction consent from them to build the roads within the development.
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In this petition for judicial review the petitioner, the owner of the land in question, sought declarator that an area of land on the edge of a village in Dumfriesshire, was not a "road" capable of being added by the respondents to their list of public roads under section 16 of the Roads (Scotland) Act 1984. It was submitted on behalf of the petitioner that the expression "public right of passage", as used in the 1984 Act, referred to the public right of passage recognised by the common law of S ...
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