AM against Lothian Health Board (Court of Session)
- Citation
- [2026] CSOH 42
- Status
- Judgment
- Jurisdiction
- Scotland
- Posture
- Judicial Review / Final Judgment
More details
- Posture
- Judicial Review / Final Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Council's decision was not unreasonable or ultra vires, as it was based on material planning considerations and within statutory discretion.
Court disposition
application dismissed
Orders
- No order as to expenses
- Planning permission remains refused
02
Material facts
Parties
John MacGregor
Applicant Counsel: Andrew StewartGlasgow City Council
Respondent Counsel: Fiona Campbell03
Procedural history
Posture
Judicial Review / Final Judgment
04
Questions and positions
Legal issues
Whether Glasgow City Council acted ultra vires in refusing planning permission for residential development
Party arguments
- Applicant
- The applicant argued that the Council's refusal was unreasonable and not supported by planning policy, and that the Council failed to consider relevant material factors.
- Respondent
- The respondent contended that the refusal was within statutory discretion, based on legitimate planning concerns including traffic and environmental impact.
05
Court’s reasoning
Legal principles
- 01
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223
A local authority must exercise its statutory powers reasonably and in accordance with planning policy.
- 02
Town and Country Planning (Scotland) Act 1997
Material considerations must be taken into account in planning decisions.
06
Ratio, limits and disposition
Ratio decidendi
The Council's decision was not unreasonable or ultra vires, as it was based on material planning considerations and within statutory discretion.
Obiter and limits
- The court noted that greater transparency in council decision-making would benefit public confidence.
Court disposition
application dismissed
- No order as to expenses
- Planning permission remains refused
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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