ABERDEENSHIRE COUNCIL FOR AUTHORITY TO SELL GROUND FORMING PART OF THE COMMON GOOD [2014] ScotSC 104 (18 December 2014)

ABERDEENSHIRE COUNCIL FOR AUTHORITY TO SELL GROUND FORMING PART OF THE COMMON GOOD [2014] ScotSC 104 (18 December 2014)

The application was refused because the loss of amenity to the community from the sale of the ground would not be counterbalanced by the financial benefit to the common good fund, and the applicants failed to demonstrate that the sale would be for the greatest benefit of the people sharing the common good.

Citation
[2014] ScotSC 104
Parties
Applicant: Aberdeenshire Council; Objector: Banff and Macduff Community Council
Jurisdiction
Scotland
Judgment Date
18 December 2014
Procedural Posture
Summary Application Under Section 75(2) of the Local Government (scotland) Act 1973 / Judgment After Debate, No Evidence Led
Outcome
Application refused
Legal Topics
Common Good Land, Disposal of Local Authority Property, Judicial Authorisation for Sale, Amenity Value, Community Representation
Local Government Law Property Law Common Good Land Disposal of Local Authority Property Judicial Authorisation for Sale Amenity Value Community Representation

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Parties

Aberdeenshire Council

Applicant

Banff and Macduff Community Council

Objector

Procedural Posture

Summary Application Under Section 75(2) of the Local Government (scotland) Act 1973 / Judgment After Debate, No Evidence Led

Legal Issues

  1. 1 Whether the sale of common good land should be authorised under section 75(2) of the Local Government (Scotland) Act 1973
  2. 2 Whether the proposed sale is for the greatest benefit of the people sharing the common good

Ratio Decidendi

The application was refused because the loss of amenity to the community from the sale of the ground would not be counterbalanced by the financial benefit to the common good fund, and the applicants failed to demonstrate that the sale would be for the greatest benefit of the people sharing the common good.

Court Disposition

Application refused

Orders

  • Applicant’s first plea in law repelled
  • Authority to dispose of the ground refused