Stirling District Council, Re Application For Authority To Disposal Of Common Good Land [2000] ScotCS 128 (19 May 2000)

Stirling District Council, Re Application For Authority To Disposal Of Common Good Land [2000] ScotCS 128 (19 May 2000)

Restoration of Museum Hall cannot be justified due to the prohibitive cost and structural deterioration; authority for disposal is granted subject to conditions ensuring community benefit and preservation of the building's front elevation.

Citation
[2000] ScotCS 128
Parties
Petitioner: Stirling District Council
Jurisdiction
Scotland
Judgment Date
19 May 2000
Procedural Posture
Petition / Application for Authority to Dispose of Common Good Land
Outcome
Petition granted with conditions
Legal Topics
Disposal of Common Good Land, Listed Buildings, Community Benefit, Court Discretion in Property Matters
Property Law Local Government Law Disposal of Common Good Land Listed Buildings Community Benefit Court Discretion in Property Matters

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Parties

Stirling District Council

Petitioner

Procedural Posture

Petition / Application for Authority to Dispose of Common Good Land

Legal Issues

  1. 1 Whether authority should be granted to dispose of common good land (Museum Hall)
  2. 2 Whether restoration of the building is feasible or required
  3. 3 Appropriate conditions for disposal

Ratio Decidendi

Restoration of Museum Hall cannot be justified due to the prohibitive cost and structural deterioration; authority for disposal is granted subject to conditions ensuring community benefit and preservation of the building's front elevation.

Court Disposition

Petition granted with conditions

Orders

  • Authority granted to dispose of Museum Hall for redevelopment for housing and ancillary purposes only.
  • Sale price must be approved by the District Valuer.