ALEX McWATTERS v INVERCLYDE COUNCIL [2014] ScotSC 100 (29 October 2014)

ALEX McWATTERS v INVERCLYDE COUNCIL [2014] ScotSC 100 (29 October 2014)

The pursuer failed to provide credible evidence, detailed costings, or proof of authority from all owners to bring the building up to the tolerable standard. The pursuer's plan lacked specification and credibility, and no sufficient grounds were shown to exercise discretion to suspend the Demolition Order. The Council acted within statutory powers and the Demolition Order is confirmed.

Citation
[2014] ScotSC 100
Parties
Pursuer: Alex McWatters; Defender: Inverclyde Council
Jurisdiction
Scotland
Judgment Date
29 October 2014
Procedural Posture
Appeal by Summary Application Under Section 129 of the Housing (scotland) Act 1987 / Judgment After Proof Hearing
Outcome
Appeal refused; Demolition Order confirmed.
Legal Topics
Demolition Orders, Closing Orders, Appeals Against Local Authority Orders, Tolerable Standard of Housing, Suspension of Demolition Orders
Housing Law Administrative Law Local Government Law Demolition Orders Closing Orders Appeals Against Local Authority Orders Tolerable Standard of Housing Suspension of Demolition Orders

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Parties

Alex McWatters

Pursuer

Inverclyde Council

Defender

Procedural Posture

Appeal by Summary Application Under Section 129 of the Housing (scotland) Act 1987 / Judgment After Proof Hearing

Legal Issues

  1. 1 Whether the Demolition Order made by Inverclyde Council should be revoked or suspended under the Housing (Scotland) Act 1987
  2. 2 Whether the pursuer provided sufficient evidence and undertakings to justify suspension of the Demolition Order
  3. 3 Whether the pursuer had authority and means to bring the whole building up to the tolerable standard

Ratio Decidendi

The pursuer failed to provide credible evidence, detailed costings, or proof of authority from all owners to bring the building up to the tolerable standard. The pursuer's plan lacked specification and credibility, and no sufficient grounds were shown to exercise discretion to suspend the Demolition Order. The Council acted within statutory powers and the Demolition Order is confirmed.

Court Disposition

Appeal refused; Demolition Order confirmed.

Orders

  • Pursuer's first and second pleas in law repelled.
  • Defender's first and second pleas in law sustained.