SUMMARY APPLICATION BY COASTAL REGENERATION ALLIANCE Ltd AGAINST SCOTTISH MINISTERS AND SCOTTISH POWER GENERATION Ltd [2016] ScotSC 60 (08 September 2016)

SUMMARY APPLICATION BY COASTAL REGENERATION ALLIANCE Ltd AGAINST SCOTTISH MINISTERS AND SCOTTISH POWER GENERATION Ltd [2016] ScotSC 60 (08 September 2016)

The Scottish Ministers' refusal to register the community interests was within their statutory discretion, based on a rational assessment of the facts and statutory criteria. The pursuer failed to demonstrate 'good reason' for lateness or that registration was strongly indicative of the public interest. The Ministers' decisions were adequately reasoned and not unreasonable or plainly wrong. The court has no basis to interfere.

Citation
[2016] ScotSC 60
Parties
Pursuer: Coastal Regeneration Alliance Limited; Defender: Scottish Ministers; Interested Party: Scottish Power Generation Limited
Jurisdiction
Scotland
Judgment Date
08 September 2016
Procedural Posture
Statutory Appeal by Summary Application / Judgment on Appeal Against Refusal to Register Community Interest in Land
Outcome
Appeal refused
Legal Topics
Community Right to Buy, Land Reform (scotland) Act 2003, Statutory Appeals, Discretion of Ministers, Public Interest, Procedural Fairness
Administrative Law Land Law Community Rights Community Right to Buy Land Reform (scotland) Act 2003 Statutory Appeals Discretion of Ministers Public Interest +1 more

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Parties

Coastal Regeneration Alliance Limited

Pursuer

Scottish Ministers

Defender

Scottish Power Generation Limited

Interested Party

Procedural Posture

Statutory Appeal by Summary Application / Judgment on Appeal Against Refusal to Register Community Interest in Land

Legal Issues

  1. 1 Whether the Scottish Ministers erred in refusing to register community interests in land under section 39 of the Land Reform (Scotland) Act 2003 on the grounds of lack of 'good reason' for lateness and insufficient indication of public interest.
  2. 2 Whether the Ministers' decision was unreasonable, based on incorrect facts, or inadequately reasoned.

Ratio Decidendi

The Scottish Ministers' refusal to register the community interests was within their statutory discretion, based on a rational assessment of the facts and statutory criteria. The pursuer failed to demonstrate 'good reason' for lateness or that registration was strongly indicative of the public interest. The Ministers' decisions were adequately reasoned and not unreasonable or plainly wrong. The court has no basis to interfere.

Court Disposition

Appeal refused

Orders

  • Pursuer’s pleas-in-law repelled
  • Defender’s and interested party’s pleas-in-law sustained