RECLAIMING MOTION OF MARK GUILD AND ANOTHER AGAINST ANGUS COUNCIL FOR JUDICIAL REVIEW [2020] ScotCS CSIH_50 (19 August 2020)

RECLAIMING MOTION OF MARK GUILD AND ANOTHER AGAINST ANGUS COUNCIL FOR JUDICIAL REVIEW [2020] ScotCS CSIH_50 (19 August 2020)

Buildings erected on common good land accede to the land and form part of the common good; demolition of such buildings constitutes disposal or change of use under section 104 of the Community Empowerment (Scotland) Act 2015, triggering statutory consultation requirements. Angus Council failed to comply with these requirements, rendering its decision to demolish unlawful.

Citation
[2020] ScotCS CSIH_50
Parties
Petitioners and Reclaimers: Mark Guild and Another; Respondents: Angus Council
Jurisdiction
Scotland
Judgment Date
19 August 2020
Procedural Posture
Judicial Review / Reclaiming Motion (appeal) From Lord Ordinary's Refusal of Petition
Outcome
Reclaiming motion allowed; reduction granted.
Legal Topics
Common Good Property, Statutory Interpretation, Consultation Requirements, Accession, Disposal and Change of Use
Administrative Law Property Law Local Government Law Common Good Property Statutory Interpretation Consultation Requirements Accession Disposal and Change of Use

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Parties

Mark Guild and Another

Petitioners and Reclaimers

Angus Council

Respondents

Procedural Posture

Judicial Review / Reclaiming Motion (appeal) From Lord Ordinary's Refusal of Petition

Legal Issues

  1. 1 Whether demolition of Lochside Leisure Centre constitutes disposal or change of use of common good property under section 104 of the Community Empowerment (Scotland) Act 2015
  2. 2 Whether buildings erected on common good land form part of the common good
  3. 3 Whether Angus Council complied with statutory consultation requirements

Ratio Decidendi

Buildings erected on common good land accede to the land and form part of the common good; demolition of such buildings constitutes disposal or change of use under section 104 of the Community Empowerment (Scotland) Act 2015, triggering statutory consultation requirements. Angus Council failed to comply with these requirements, rendering its decision to demolish unlawful.

Court Disposition

Reclaiming motion allowed; reduction granted.

Orders

  • Reduction of Angus Council's decision to demolish Lochside Leisure Centre
  • Statutory consultation required before disposal or change of use of common good property