ALASTAIR MACINTYRE AND OTHERS AGAINST THE SCOTTISH MINISTERS [2021] ScotCS CSIH_10 (02 February 2021)

ALASTAIR MACINTYRE AND OTHERS AGAINST THE SCOTTISH MINISTERS [2021] ScotCS CSIH_10 (02 February 2021)

The proposed use of the house by four children with 24-hour care by non-resident staff falls within Use Class 9(a)(ii) because the carers are not residents and the number of residents does not exceed five. The concept of a 'single household' is not required by the Scottish Order, and guidance to the contrary in the Circular is not supported by the statutory language.

Citation
[2021] ScotCS CSIH_10
Parties
Appellants: Alastair Macintyre and Others; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
02 February 2021
Procedural Posture
Statutory Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Appeal From Reporter's Decision to Court of Session, Inner House
Outcome
Appeal refused
Legal Topics
Use Classes, Certificate of Lawfulness, Interpretation of Planning Legislation, Residential Care Homes, Statutory Interpretation
Planning Law Administrative Law Use Classes Certificate of Lawfulness Interpretation of Planning Legislation Residential Care Homes Statutory Interpretation

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Parties

Alastair Macintyre and Others

Appellants

The Scottish Ministers

Respondents

Procedural Posture

Statutory Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Appeal From Reporter's Decision to Court of Session, Inner House

Legal Issues

  1. 1 Whether the proposed use of a house for up to four looked after children with 24-hour care by non-resident staff falls within Use Class 9 of the Town and Country Planning (Use Classes) (Scotland) Order 1997
  2. 2 Whether carers should be counted as residents for the purposes of Use Class 9
  3. 3 Whether the concept of 'single household' is relevant under the Scottish Order

Ratio Decidendi

The proposed use of the house by four children with 24-hour care by non-resident staff falls within Use Class 9(a)(ii) because the carers are not residents and the number of residents does not exceed five. The concept of a 'single household' is not required by the Scottish Order, and guidance to the contrary in the Circular is not supported by the statutory language.

Court Disposition

Appeal refused

Orders

  • The reporter's decision is upheld
  • Certificate of lawful use stands