The Firm of Archid, Re Judicial Review [2013] ScotCS CSOH_137 (20 August 2013)

The Firm of Archid, Re Judicial Review [2013] ScotCS CSOH_137 (20 August 2013)

A planning authority, having issued a notice granting planning permission, cannot lawfully ignore or unilaterally withdraw that notice and issue a contradictory refusal without following statutory revocation procedures or obtaining a court order reducing the original grant. The first notice stands as valid and effective unless and until reduced by a competent court. The second notice was ultra vires and of no effect.

Citation
[2013] ScotCS CSOH_137
Parties
Pursuer: The Firm of Archid; Defender: Dundee City Council
Jurisdiction
Scotland
Judgment Date
20 August 2013
Procedural Posture
Judicial Review / First Substantive Hearing, Final Judgment
Outcome
Petition sustained. Second notice reduced. Declarator granted that first notice remains valid and effective unless lawfully revoked or reduced.
Legal Topics
Planning Permission, Revocation of Administrative Decisions, Judicial Review Procedure, Legitimate Expectation, Authority of Public Officers
Administrative Law Planning Law Local Government Law Planning Permission Revocation of Administrative Decisions Judicial Review Procedure Legitimate Expectation Authority of Public Officers

Case Brief

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Parties

The Firm of Archid

Pursuer

Dundee City Council

Defender

Procedural Posture

Judicial Review / First Substantive Hearing, Final Judgment

Legal Issues

  1. 1 Whether a planning authority can unilaterally withdraw or ignore a previously issued grant of planning permission and replace it with a refusal without court order or statutory procedure
  2. 2 Whether the first notice granting planning permission was valid and effective unless and until reduced by a court
  3. 3 Whether the second notice refusing planning permission was lawful

Ratio Decidendi

A planning authority, having issued a notice granting planning permission, cannot lawfully ignore or unilaterally withdraw that notice and issue a contradictory refusal without following statutory revocation procedures or obtaining a court order reducing the original grant. The first notice stands as valid and effective unless and until reduced by a competent court. The second notice was ultra vires and of no effect.

Court Disposition

Petition sustained. Second notice reduced. Declarator granted that first notice remains valid and effective unless lawfully revoked or reduced.

Orders

  • Reduction of the second notice dated 1 December 2009 (issued 11 May 2010) refusing planning permission.
  • Declarator that the first notice granting planning permission is valid and continues to have full force and effect unless and until lawfully revoked or reduced.