Samuel Smith Old Brewery (Tadcaster), Re Application For Judicial Review [2000] ScotCS 115 (27 April 2000)

Samuel Smith Old Brewery (Tadcaster), Re Application For Judicial Review [2000] ScotCS 115 (27 April 2000)

The balance of convenience strongly favours allowing East of Scotland Water to continue construction, as delay would risk public health, breach EU Directive deadlines, and incur substantial financial penalties, while the petitioners' procedural complaints do not outweigh these considerations.

Citation
[2000] ScotCS 115
Parties
Petitioner: Samuel Smith Old Brewery (Tadcaster); First Respondent: City of Edinburgh; Second Respondent: East of Scotland Water
Jurisdiction
Scotland
Judgment Date
27 April 2000
Procedural Posture
Judicial Review / Interim Suspension Motion
Outcome
Motion for interim suspension refused
Legal Topics
Planning Permission, Environmental Impact Assessment, Urban Waste Water Management, Balance of Convenience
Administrative Law Planning Law Environmental Law Planning Permission Environmental Impact Assessment Urban Waste Water Management Balance of Convenience

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Parties

Samuel Smith Old Brewery (Tadcaster)

Petitioner

City of Edinburgh

First Respondent

East of Scotland Water

Second Respondent

Procedural Posture

Judicial Review / Interim Suspension Motion

Legal Issues

  1. 1 Whether the respondents failed to comply with Section 50B of the Local Government (Scotland) Act 1973
  2. 2 Whether the respondents failed to comply with paragraph 16 of the schedule to the Town & Country Planning Notification of Application (Scotland) Direction 1997
  3. 3 Applicability of Environmental Impact Assessment Regulations

Ratio Decidendi

The balance of convenience strongly favours allowing East of Scotland Water to continue construction, as delay would risk public health, breach EU Directive deadlines, and incur substantial financial penalties, while the petitioners' procedural complaints do not outweigh these considerations.

Court Disposition

Motion for interim suspension refused

Orders

  • Work on the waste water pumping station and associated engineering works may proceed pending final decision.