Freeport Leisure v West Lothian Council & Ors [1998] ScotCS 47 (3 November 1998)

Freeport Leisure v West Lothian Council & Ors [1998] ScotCS 47 (3 November 1998)

The Council was not legally obliged to obtain a full retail impact assessment for a town centre development under NPPG8 or the Lothian Structure Plan; any misinterpretation of policy was not irrational or perverse and did not amount to an error of law. The omission of certain consultant report details did not...

Source-derived case information.

Citation
[1998] ScotCS 47
Parties
Petitioners and Reclaimers: Freeport Leisure plc; First Respondents: West Lothian Council; Second Respondents: B. A. A. McArthur Glen Limited; Third Respondents: Land Securities Properties Limited
Jurisdiction
Scotland
Judgment Date
03 November 1998
Procedural Posture
Judicial Review / Reclaiming Motion (appeal) From Dismissal at First Instance
Outcome
Reclaiming motion refused; petition dismissed
Legal Topics
Judicial Review of Planning Decisions, Interpretation of Planning Policy Guidelines, Material Considerations in Planning, Procedural Fairness in Planning Applications
Administrative Law Planning Law Judicial Review of Planning Decisions Interpretation of Planning Policy Guidelines Material Considerations in Planning Procedural Fairness in Planning Applications

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Summary, issues, holding and outcome

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Parties

Freeport Leisure plc

Petitioners and Reclaimers

West Lothian Council

First Respondents

B. A. A. McArthur Glen Limited

Second Respondents

Land Securities Properties Limited

Third Respondents

Procedural Posture

Judicial Review / Reclaiming Motion (appeal) From Dismissal at First Instance

Legal Issues

  1. 1 Whether West Lothian Council was legally required to obtain a full retail impact assessment before granting planning permission for a town centre development
  2. 2 Whether the Council failed to consider material information or misapplied relevant planning policies (NPPG8 and Lothian Structure Plan)
  3. 3 Whether the omission of certain consultant report details to the Committee invalidated the decision

Ratio Decidendi

The Council was not legally obliged to obtain a full retail impact assessment for a town centre development under NPPG8 or the Lothian Structure Plan; any misinterpretation of policy was not irrational or perverse and did not amount to an error of law. The omission of certain consultant report details did not constitute a failure to consider material information in a manner that would vitiate the decision.

Court Disposition

Reclaiming motion refused; petition dismissed

Orders

  • Refusal of reclaiming motion
  • Upholding of Lord Ordinary's interlocutor dismissing the petition