Aberdeenshire Council v. Scottish Ministers [2008] ScotCS CSIH_28 (28 March 2008)

Aberdeenshire Council v. Scottish Ministers [2008] ScotCS CSIH_28 (28 March 2008)

The reporter's decision was quashed because he failed to provide adequate reasons and findings on the disputed evidence regarding housing land supply, misapplied the statutory test by relying on internal plan objectives as material considerations, and made logical errors in his reasoning. The approach to Condition...

Source-derived case information.

Citation
[2008] ScotCS CSIH_28
Parties
Appellant: Aberdeenshire Council; Respondent: Scottish Ministers
Jurisdiction
Scotland
Judgment Date
28 March 2008
Procedural Posture
Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Court of Session, Extra Division, Inner House, Appellate Review of Reporter's Planning Decision
Outcome
Appeal allowed; reporter's decision quashed.
Legal Topics
Development Plan Compliance, Material Considerations in Planning, Housing Land Supply, Judicial Review of Planning Decisions, Enforceability of Planning Conditions
Administrative Law Planning Law Local Government Law Development Plan Compliance Material Considerations in Planning Housing Land Supply Judicial Review of Planning Decisions Enforceability of Planning Conditions

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Parties

Aberdeenshire Council

Appellant

Scottish Ministers

Respondent

Procedural Posture

Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Court of Session, Extra Division, Inner House, Appellate Review of Reporter's Planning Decision

Legal Issues

  1. 1 Whether the reporter erred in law in granting planning permission contrary to the development plan based on alleged housing land shortfall
  2. 2 Whether the reporter failed to provide adequate reasons and findings on disputed evidence
  3. 3 Whether the reporter misapplied the statutory test for material considerations under section 25 of the Act

Ratio Decidendi

The reporter's decision was quashed because he failed to provide adequate reasons and findings on the disputed evidence regarding housing land supply, misapplied the statutory test by relying on internal plan objectives as material considerations, and made logical errors in his reasoning. The approach to Condition 13 on affordable housing was also flawed due to lack of precision and enforceability.

Court Disposition

Appeal allowed; reporter's decision quashed.

Orders

  • The reporter's decision to grant planning permission is quashed.
  • Matter remitted for reconsideration in accordance with the court's opinion.