EWING & Anor v INVERCLYDE COUNCIL [2016] ScotSC 65 (04 October 2016)

EWING & Anor v INVERCLYDE COUNCIL [2016] ScotSC 65 (04 October 2016)

It was not proved that as at the date of service of the demolition orders, or at the date of hearing, the appeal properties were structurally unstable by reason of corrosion expansion or debonding, or by any other factor. Therefore, the properties were not below the tolerable standard in terms of Section 86 of the Housing (Scotland) Act 1987, and the Defender was not entitled to serve the demolition orders. The demolition orders must be quashed.

Citation
[2016] ScotSC 65
Parties
Pursuers: Ian Alexander Ewing and Margaret Ann Ewing; Defender: Inverclyde Council
Jurisdiction
Scotland
Judgment Date
04 October 2016
Procedural Posture
Summary Application Appeal / Judgment After Hearing
Outcome
Demolition order quashed; Pursuers' first plea sustained; Defender's pleas repelled; expenses reserved.
Legal Topics
Demolition Orders, Tolerable Standard, Structural Stability, Appeals Against Local Authority Orders
Housing Law Administrative Law Local Government Law Demolition Orders Tolerable Standard Structural Stability Appeals Against Local Authority Orders

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Parties

Ian Alexander Ewing and Margaret Ann Ewing

Pursuers

Inverclyde Council

Defender

Procedural Posture

Summary Application Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the appeal properties were structurally unstable by reason of corrosion expansion or debonding as at the date of service of the demolition orders
  2. 2 Whether the properties were below the tolerable standard in terms of Section 86 of the Housing (Scotland) Act 1987
  3. 3 Whether the demolition orders served by the Defender were justified

Ratio Decidendi

It was not proved that as at the date of service of the demolition orders, or at the date of hearing, the appeal properties were structurally unstable by reason of corrosion expansion or debonding, or by any other factor. Therefore, the properties were not below the tolerable standard in terms of Section 86 of the Housing (Scotland) Act 1987, and the Defender was not entitled to serve the demolition orders. The demolition orders must be quashed.

Court Disposition

Demolition order quashed; Pursuers' first plea sustained; Defender's pleas repelled; expenses reserved.

Orders

  • The demolition order in respect of Flat 3/3, 19 Robert Street, Port Glasgow is quashed.
  • Pursuers' first plea in law sustained.