Scottish Coal Company Ltd, Re Application For Judicial Review [2000] ScotCS 121 (11 May 2000)

Scottish Coal Company Ltd, Re Application For Judicial Review [2000] ScotCS 121 (11 May 2000)

The Notice relating to Condition 31 was not ultra vires as the joint survey requirement was part of the approved monitoring programme. The Notice relating to Condition 32 was ultra vires because it failed to specify the actual steps required to secure compliance, as mandated by section 145(5) of the 1997 Act.

Citation
[2000] ScotCS 121
Parties
Petitioner: The Scottish Coal Company Limited; Respondent: East Lothian Council
Jurisdiction
Scotland
Judgment Date
11 May 2000
Procedural Posture
Judicial Review / Opinion on Preliminary Legal Issues
Outcome
Partial grant of petition; Notice relating to Condition 32 reduced as ultra vires, Notice relating to Condition 31 not reduced.
Legal Topics
Breach of Condition Notice, Ultra Vires, Planning Permission, Section 145 Town & Country Planning (scotland) Act 1997
Administrative Law Planning Law Breach of Condition Notice Ultra Vires Planning Permission Section 145 Town & Country Planning (scotland) Act 1997

Case Brief

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Parties

The Scottish Coal Company Limited

Petitioner

East Lothian Council

Respondent

Procedural Posture

Judicial Review / Opinion on Preliminary Legal Issues

Legal Issues

  1. 1 Whether the Breach of Condition Notices issued by East Lothian Council were ultra vires under section 145 of the Town & Country Planning (Scotland) Act 1997
  2. 2 Whether the Notices specified the steps required to secure compliance as mandated by statute

Ratio Decidendi

The Notice relating to Condition 31 was not ultra vires as the joint survey requirement was part of the approved monitoring programme. The Notice relating to Condition 32 was ultra vires because it failed to specify the actual steps required to secure compliance, as mandated by section 145(5) of the 1997 Act.

Court Disposition

Partial grant of petition; Notice relating to Condition 32 reduced as ultra vires, Notice relating to Condition 31 not reduced.

Orders

  • Declarator and reduction of the Breach of Condition Notice relating to Condition 32.
  • Case put out By Order to determine future procedure.