North Queensferry Community Trust v Scottish Ministers & Others (Sheriff Court Civil) [2026] SCDUNF 47 (23 February 2026)

North Queensferry Community Trust v Scottish Ministers & Others (Sheriff Court Civil) [2026] SCDUNF 47 (23 February 2026)

The Scottish Ministers' decision was unlawful due to failure to allow the pursuer to comment on the owners' views regarding the business plan, reliance on material not disclosed to the pursuer, inadequate reasoning regarding economic viability, failure to consider relevant expert evidence, and imposition of requirements not found in the legislation regarding community control. The statutory and common law requirements of procedural fairness and adequate reasoning were not met.

Citation
[2026] SCDUNF 47
Parties
Pursuer: North Queensferry Community Trust; Defenders: Scottish Ministers; Interested Party (owner): Kenneth McDougall Waugh; Interested Party (owner): Catriona Williamson (formerly Waugh); Interested Party (owner): Yorssas (Trustees) Limited as Trustees of Festival Inns Limited SSAS
Jurisdiction
Scotland
Judgment Date
23 February 2026
Procedural Posture
Sheriff Court Civil Appeal / Appeal From Ministerial Decision Under Land Reform (scotland) Act 2016
Outcome
Appeal allowed
Legal Topics
Judicial Review, Procedural Fairness, Right to Buy Land, Sustainable Development, Community Ownership
Administrative Law Land Law Community Rights Judicial Review Procedural Fairness Right to Buy Land Sustainable Development Community Ownership

Case Brief

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Parties

North Queensferry Community Trust

Pursuer

Scottish Ministers

Defenders

Kenneth McDougall Waugh

Interested Party (owner)

Catriona Williamson (formerly Waugh)

Interested Party (owner)

Yorssas (Trustees) Limited as Trustees of Festival Inns Limited SSAS

Interested Party (owner)

Procedural Posture

Sheriff Court Civil Appeal / Appeal From Ministerial Decision Under Land Reform (scotland) Act 2016

Legal Issues

  1. 1 Whether the Scottish Ministers' refusal to consent to the community right to buy application was lawful under the Land Reform (Scotland) Act 2016
  2. 2 Whether the decision-making process complied with statutory procedure and common law fairness
  3. 3 Whether relevant and material considerations were taken into account, and irrelevant ones excluded

Ratio Decidendi

The Scottish Ministers' decision was unlawful due to failure to allow the pursuer to comment on the owners' views regarding the business plan, reliance on material not disclosed to the pursuer, inadequate reasoning regarding economic viability, failure to consider relevant expert evidence, and imposition of requirements not found in the legislation regarding community control. The statutory and common law requirements of procedural fairness and adequate reasoning were not met.

Court Disposition

Appeal allowed

Orders

  • Second and third pleas-in-law for the pursuer sustained; first plea-in-law for the pursuer repelled as unnecessary; pleas-in-law for defenders and interested parties repelled
  • Ministerial decision notices under section 60 of the Land Reform (Scotland) Act 2016 dated 17 March 2025 reduced