OPINION OF LORD TYRE IN THE PETITION OF EAST RENFREWSHIRE COUNCIL FOR AN ORDER UNDER SECTION 75(2) OF THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 [2014] ScotCS CSOH_129 (19 August 2014)

OPINION OF LORD TYRE IN THE PETITION OF EAST RENFREWSHIRE COUNCIL FOR AN ORDER UNDER SECTION 75(2) OF THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 [2014] ScotCS CSOH_129 (19 August 2014)

The proposed arrangements do not constitute a disposal of inalienable common good land but rather an appropriation, which the court has no power to authorise under section 75(2).

Citation
[2014] ScotCS CSOH_129
Parties
Petitioner: East Renfrewshire Council
Jurisdiction
Scotland
Judgment Date
19 August 2014
Procedural Posture
Petition for Order Under Section 75(2) of the Local Government (scotland) Act 1973 / Final Judgment
Outcome
Petition refused as unnecessary; no disposal requiring court authorisation.
Legal Topics
Common Good Land, Disposal Vs Appropriation, Jurisdiction Under Section 75(2)
Local Government Law Property Law Common Good Land Disposal Vs Appropriation Jurisdiction Under Section 75(2)

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Parties

East Renfrewshire Council

Petitioner

Procedural Posture

Petition for Order Under Section 75(2) of the Local Government (scotland) Act 1973 / Final Judgment

Legal Issues

  1. 1 Does the proposed arrangement constitute a disposal or appropriation of inalienable common good land?
  2. 2 Does the court have jurisdiction to authorise the proposed action under section 75(2)?

Ratio Decidendi

The proposed arrangements do not constitute a disposal of inalienable common good land but rather an appropriation, which the court has no power to authorise under section 75(2).

Court Disposition

Petition refused as unnecessary; no disposal requiring court authorisation.