North Lanarkshire Council, Re Land At Houldsworth Park [2006] ScotCS CSOH_48 (21 March 2006)

North Lanarkshire Council, Re Land At Houldsworth Park [2006] ScotCS CSOH_48 (21 March 2006)

The PPP arrangements proposed, which confer only personal and non-exclusive rights of occupancy to the contractor and do not transfer ownership, lease, or any real right, do not amount to a 'disposal' of common good land under section 75(2) of the Local Government (Scotland) Act 1973. Therefore, the petition is unnecessary.

Citation
[2006] ScotCS CSOH_48
Parties
Petitioner: North Lanarkshire Council
Jurisdiction
Scotland
Judgment Date
21 March 2006
Procedural Posture
Petition Under Section 75(2) of the Local Government (scotland) Act 1973 / First Order; Determination of Necessity of Petition
Outcome
Petitions refused as unnecessary.
Legal Topics
Common Good Land, Disposal of Land, Public Private Partnership (ppp), Section 75(2) Local Government (scotland) Act 1973
Local Government Law Property Law Common Good Land Disposal of Land Public Private Partnership (ppp) Section 75(2) Local Government (scotland) Act 1973

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Parties

North Lanarkshire Council

Petitioner

Procedural Posture

Petition Under Section 75(2) of the Local Government (scotland) Act 1973 / First Order; Determination of Necessity of Petition

Legal Issues

  1. 1 Whether proposed PPP arrangements for construction and management of schools on common good land constitute a 'disposal' under section 75(2) of the Local Government (Scotland) Act 1973

Ratio Decidendi

The PPP arrangements proposed, which confer only personal and non-exclusive rights of occupancy to the contractor and do not transfer ownership, lease, or any real right, do not amount to a 'disposal' of common good land under section 75(2) of the Local Government (Scotland) Act 1973. Therefore, the petition is unnecessary.

Court Disposition

Petitions refused as unnecessary.

Orders

  • Prayers of the petitions refused as unnecessary.