Standard Commercial Property Securities Ltd & Ors v. Glasgow City Council & Anor [2004] ScotCS 129 (01 June 2004)

Standard Commercial Property Securities Ltd & Ors v. Glasgow City Council & Anor [2004] ScotCS 129 (01 June 2004)

The Council's decision to select Atlas as preferred developer and enter into a back-to-back agreement was not ultra vires or unreasonable. The Council's process, based on the Framework and evaluation criteria, was a reasonable exercise of its statutory discretion under sections 189 and 191 of the 1997 Act. The Council was entitled to select a preferred developer prior to planning permission, and the process did not breach statutory requirements or procedural fairness. Standard, having participated fully without objection, was barred from challenging the process at this stage.

Citation
[2004] ScotCS 129
Parties
Petitioner: Standard Commercial Property Securities Limited; Petitioner: Standard Commercial Property Developments Limited; First Respondent: Glasgow City Council; Second Respondent: Atlas Investments Limited
Jurisdiction
Scotland
Judgment Date
01 June 2004
Procedural Posture
Judicial Review / Outer House, Court of Session, First Instance
Outcome
Petition refused
Legal Topics
Compulsory Purchase, Back to Back Agreements, Judicial Review, Statutory Interpretation, Planning Permission, Procedural Fairness, Personal Bar/acquiescence
Administrative Law Planning Law Local Government Law Compulsory Purchase Back to Back Agreements Judicial Review Statutory Interpretation Planning Permission +2 more

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Parties

Standard Commercial Property Securities Limited

Petitioner

Standard Commercial Property Developments Limited

Petitioner

Glasgow City Council

First Respondent

Atlas Investments Limited

Second Respondent

Procedural Posture

Judicial Review / Outer House, Court of Session, First Instance

Legal Issues

  1. 1 Whether Glasgow City Council's decision to select Atlas as preferred developer and enter into a back-to-back agreement was ultra vires or unreasonable under the Town and Country Planning (Scotland) Act 1997, particularly section 191.
  2. 2 Whether the Council failed to have proper regard to statutory requirements for best price/best terms and planning purposes.
  3. 3 Whether the Council's evaluation process was procedurally unfair or excluded relevant considerations.

Ratio Decidendi

The Council's decision to select Atlas as preferred developer and enter into a back-to-back agreement was not ultra vires or unreasonable. The Council's process, based on the Framework and evaluation criteria, was a reasonable exercise of its statutory discretion under sections 189 and 191 of the 1997 Act. The Council was entitled to select a preferred developer prior to planning permission, and the process did not breach statutory requirements or procedural fairness. Standard, having participated fully without objection, was barred from challenging the process at this stage.

Court Disposition

Petition refused

Orders

  • Refusal of the prayer of the petition for declarator, suspension, and reduction.
  • No order for suspension granted.