G Hamilton (Tullochgribban Mains) Ltd v The Highland Council & Anor [2011] ScotCS CSIH_1 (07 January 2011)

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council & Anor [2011] ScotCS CSIH_1 (07 January 2011)

The planning authority is not required or entitled to define the boundaries of a mineral site at the listing stage under Schedule 9. The listing process is administrative and preserves the extant planning permission in its entirety. The extent of the site is to be determined at the stage 2 procedure by reference to the original planning permission or available evidence. The authority did not restrict the permission to the green area, and is entitled to treat the red area as the relevant site.

Citation
[2011] ScotCS CSIH_1
Parties
Petitioner and Reclaimer: G Hamilton (Tullochgribban Mains) Limited; First Respondent: The Highland Council; Second Respondent: Ennstone Thistle Limited
Jurisdiction
Scotland
Judgment Date
07 January 2011
Procedural Posture
Judicial Review (reclaiming Motion) / Appeal (inner House, Court of Session, Scotland)
Outcome
Reclaiming motion refused; petition dismissed.
Legal Topics
Judicial Review of Planning Authority Decisions, Interpretation of Mineral Site Listing Under Town and Country Planning (scotland) Act 1997, Scope of Planning Permissions, Procedural Requirements for Listing Mineral Sites
Administrative Law Planning Law Judicial Review of Planning Authority Decisions Interpretation of Mineral Site Listing Under Town and Country Planning (scotland) Act 1997 Scope of Planning Permissions Procedural Requirements for Listing Mineral Sites

Case Brief

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Parties

G Hamilton (Tullochgribban Mains) Limited

Petitioner and Reclaimer

The Highland Council

First Respondent

Ennstone Thistle Limited

Second Respondent

Procedural Posture

Judicial Review (reclaiming Motion) / Appeal (inner House, Court of Session, Scotland)

Legal Issues

  1. 1 Whether the planning authority was entitled or obliged to define the extent of the mineral site in the first list under Schedule 9 of the Town and Country Planning (Scotland) Act 1997
  2. 2 Whether the planning authority, if it had such power, defined the site as the green area in this case

Ratio Decidendi

The planning authority is not required or entitled to define the boundaries of a mineral site at the listing stage under Schedule 9. The listing process is administrative and preserves the extant planning permission in its entirety. The extent of the site is to be determined at the stage 2 procedure by reference to the original planning permission or available evidence. The authority did not restrict the permission to the green area, and is entitled to treat the red area as the relevant site.

Court Disposition

Reclaiming motion refused; petition dismissed.

Orders

  • Refusal of reclaiming motion
  • Petition for judicial review dismissed