Fife Council v Uprichard [2011] ScotCS CSIH_77 (10 November 2011)

Fife Council v Uprichard [2011] ScotCS CSIH_77 (10 November 2011)

Fife Council had a direct and substantial interest in defending its structure plan and was entitled to expenses; the applicant was not entitled to relief from expenses under the Aarhus Convention due to lack of full disclosure and absence of prohibitive effect.

Citation
[2011] ScotCS CSIH_77
Parties
Second Respondent: Fife Council; Applicant and Reclaimer: Penny Uprichard
Jurisdiction
Scotland
Judgment Date
10 November 2011
Procedural Posture
Motion for Expenses in Planning Appeal / Post Reclaiming Motion, Expenses Determination
Outcome
Council's motion for expenses granted; applicant found liable for Council's expenses in this court and the court below.
Legal Topics
Expenses in Planning Appeals, Aarhus Convention, Protective Expenses Orders, Structure Plan Challenges
Administrative Law Planning Law Environmental Law Expenses in Planning Appeals Aarhus Convention Protective Expenses Orders Structure Plan Challenges

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Parties

Fife Council

Second Respondent

Penny Uprichard

Applicant and Reclaimer

Procedural Posture

Motion for Expenses in Planning Appeal / Post Reclaiming Motion, Expenses Determination

Legal Issues

  1. 1 Whether Fife Council is entitled to expenses in defending a structure plan challenge
  2. 2 Whether the applicant should be relieved of expenses liability under the Aarhus Convention

Ratio Decidendi

Fife Council had a direct and substantial interest in defending its structure plan and was entitled to expenses; the applicant was not entitled to relief from expenses under the Aarhus Convention due to lack of full disclosure and absence of prohibitive effect.

Court Disposition

Council's motion for expenses granted; applicant found liable for Council's expenses in this court and the court below.

Orders

  • Applicant liable for expenses of Fife Council in this court and in the court below.