COUNTY PROPERTIES LIMITED v. THE SCOTTISH MINISTERS FOR JUDICIAL REVIEW [2001] ScotHC 87 (16th August, 2001)

COUNTY PROPERTIES LIMITED v. THE SCOTTISH MINISTERS FOR JUDICIAL REVIEW [2001] ScotHC 87 (16th August, 2001)

The procedures for determining listed building consent by the Scottish Ministers, including the appointment of a Reporter, do not inherently breach Article 6(1) ECHR because the process as a whole, including the right of judicial review, provides sufficient safeguards to ensure compatibility. The lack of independence at the administrative stage is not fatal, as the courts have adequate powers to review justiciable issues. The case is not distinguishable in principle from the House of Lords decision in Alconbury.

Citation
[2001] ScotHC 87
Parties
Petitioners and Respondents: County Properties Limited; Respondents and Reclaimers: The Scottish Ministers; Intervener: Advocate General for Scotland
Jurisdiction
Scotland
Procedural Posture
Judicial Review / Reclaiming Motion (appeal) From Lord Ordinary's Interlocutor
Outcome
Petition dismissed; Lord Ordinary's interlocutor recalled.
Legal Topics
Article 6 ECHR Right to a Fair Hearing, Listed Building Consent, Independence and Impartiality of Tribunals, Judicial Review of Administrative Decisions
Administrative Law Human Rights Law Planning Law Article 6 ECHR Right to a Fair Hearing Listed Building Consent Independence and Impartiality of Tribunals Judicial Review of Administrative Decisions

Case Brief

Summary, issues, holding and outcome

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Parties

County Properties Limited

Petitioners and Respondents

The Scottish Ministers

Respondents and Reclaimers

Advocate General for Scotland

Intervener

Procedural Posture

Judicial Review / Reclaiming Motion (appeal) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the decision-making process for listed building consent by the Scottish Ministers and their appointed Reporter is compatible with Article 6(1) ECHR
  2. 2 Whether the process provides an independent and impartial tribunal as required by Article 6(1)
  3. 3 Whether the right of appeal to the courts is sufficient to cure any incompatibility

Ratio Decidendi

The procedures for determining listed building consent by the Scottish Ministers, including the appointment of a Reporter, do not inherently breach Article 6(1) ECHR because the process as a whole, including the right of judicial review, provides sufficient safeguards to ensure compatibility. The lack of independence at the administrative stage is not fatal, as the courts have adequate powers to review justiciable issues. The case is not distinguishable in principle from the House of Lords decision in Alconbury.

Court Disposition

Petition dismissed; Lord Ordinary's interlocutor recalled.

Orders

  • Recall the Lord Ordinary's interlocutor of 25 July 2000.
  • Dismiss the petition.