PRIYA PROPERTIES Ltd AGAINST INVERCLYDE COUNCIL [2016] ScotSC 81_2 (13 December 2016)

PRIYA PROPERTIES Ltd AGAINST INVERCLYDE COUNCIL [2016] ScotSC 81_2 (13 December 2016)

The Defender failed to provide specific evidence that Flat 2/3, 7 Robert Street, Port Glasgow was structurally unstable or below tolerable standard at the time of the demolition order or at the hearing. Extrapolation from other properties and reliance on the Punch report, which did not inspect the subject property, is insufficient. The demolition order was served on flawed grounds and must be quashed.

Citation
[2016] ScotSC 81_2
Parties
Pursuer: Priya Properties Limited; Defender: Inverclyde Council
Jurisdiction
Scotland
Judgment Date
13 December 2016
Procedural Posture
Summary Application Appeal / Judgment on Motion to Quash Demolition Order
Outcome
Demolition order quashed
Legal Topics
Demolition Orders, Tolerable Standard, Structural Stability, Summary Proceedings
Housing Law Administrative Law Local Government Law Demolition Orders Tolerable Standard Structural Stability Summary Proceedings

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Parties

Priya Properties Limited

Pursuer

Inverclyde Council

Defender

Procedural Posture

Summary Application Appeal / Judgment on Motion to Quash Demolition Order

Legal Issues

  1. 1 Whether the demolition order served on Flat 2/3, 7 Robert Street, Port Glasgow was justified under Section 86 of the Housing (Scotland) Act 1987
  2. 2 Whether the property was below tolerable standard due to structural instability
  3. 3 Whether extrapolation of findings from other properties is valid evidence for demolition orders

Ratio Decidendi

The Defender failed to provide specific evidence that Flat 2/3, 7 Robert Street, Port Glasgow was structurally unstable or below tolerable standard at the time of the demolition order or at the hearing. Extrapolation from other properties and reliance on the Punch report, which did not inspect the subject property, is insufficient. The demolition order was served on flawed grounds and must be quashed.

Court Disposition

Demolition order quashed

Orders

  • Demolition order in respect of Flat 2/3, 7 Robert Street, Port Glasgow quashed
  • Hearing on expenses assigned for 21 November at 10.00 am