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 was deemed to be contrary to the Local Plan in various respects. Greenland appealed to the Scottish Ministers. Following an unaccompanied site inspection and consideration of t ...
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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 for the erection of a superstore at West Mains Road in East Kilbride (approximately 1 km from JHAG’s proposed development) on 29 March 2010. JHAG’s application had been lodged on ...
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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 relating to notice and consultation with regard to the proposed development. Facts and background The Ministers conducted a consultation process on the scope and content of NPF2 b ...
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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 driver’ for Fife. The Council submitted a report containing modifications to the Structure Plan[1] and, after considering the Structure Plan and the Council’s modifications ...
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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. In particular the petitioners argued that the Council had not adopted a precautionary approach to flood risk as they should have done in terms of the planning policy. They also argued that the ...
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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 to meet a requirement in terms of the Structure Plan for 400 new houses in the “Edinburgh Urban Fringe”. The City of Edinburgh Council proposed to meet that allo ...
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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 second issue is whether the owner’s dishonest scheme disentitles him from benefitting from those provisions.In 2001 Mr Beesley, the Second Respondent, applied for and obtained planning permission t ...
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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 of a supermarket at the site would have an adverse impact on the Lochlee District Centre, and the availability of a site which it held there. At first instance, the petitioner argued ...
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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 [2011] ScotCS CSOH_53 (22 March 2011)
Two decisions have been issued in different actions brought by Mr Cartledge both of which relate to a caravan park at Glenfinart, Ardentinny, Argyll. The first decision (18 March 2011) is effectively an appeal against a Certificate of Lawful Use. The second appeal (22 March 2011) relates to a challenge to an enforcement notice. The underlying facts are related. The decision is given by two different courts but appear to be consistent. In essence Mr Cartledge was seeking to argue that an e ...
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In this application for judicial review, the petitioners (Tesco Stores Limited) sought the quashing of a decision of the first respondents, the Highland Council, dated 20 April 2010, granting planning permission to the second respondents, Asda. The grant of planning permission related to the development of a supermarket and petrol station at Knockbreck Road, Tain. Tesco had previously been granted a similar planning permission in the town centre of Tain in September 2008 and were in the course o ...
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