Standard Commercial Property Securities Ltd, Re Application For Judicial Review [2000] ScotCS 228 (15 August 2000)

Standard Commercial Property Securities Ltd, Re Application For Judicial Review [2000] ScotCS 228 (15 August 2000)

The Council's decision to promote a CPO and enter into a back-to-back agreement with Atlas was not ultra vires. The Council acted within its statutory powers under section 189 of the 1997 Act, having regard to the need for comprehensive redevelopment and the difficulties posed by multiple ownership. The Council was entitled to consider the broader planning context and to enter into an agreement with a developer capable of delivering the scheme. The statutory requirements of section 191 did not preclude the agreement, and the Council's actions were not shown to be unreasonable or for an improper purpose.

Citation
[2000] ScotCS 228
Parties
Petitioner: Standard Commercial Property Securities Limited; Respondent: Glasgow City Council; Interested Party: Atlas Investments Ltd
Jurisdiction
Scotland
Judgment Date
15 August 2000
Procedural Posture
Judicial Review / First Hearing Before Outer House, Court of Session
Outcome
Petition refused
Legal Topics
Compulsory Purchase Orders, Ultra Vires, Judicial Review, Planning Permission, Disposal of Land by Local Authorities
Administrative Law Planning Law Local Government Law Compulsory Purchase Orders Ultra Vires Judicial Review Planning Permission Disposal of Land by Local Authorities

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Parties

Standard Commercial Property Securities Limited

Petitioner

Glasgow City Council

Respondent

Atlas Investments Ltd

Interested Party

Procedural Posture

Judicial Review / First Hearing Before Outer House, Court of Session

Legal Issues

  1. 1 Whether Glasgow City Council's decision to promote a Compulsory Purchase Order (CPO) and enter into a back-to-back agreement with Atlas Investments Ltd was ultra vires and unreasonable under the Town and Country Planning (Scotland) Act 1997.
  2. 2 Whether the Council failed to take into account relevant and material considerations, including the petitioner's development proposals.
  3. 3 Whether the Council's agreement to dispose of land to Atlas in advance of acquisition complied with statutory requirements, particularly section 191 of the 1997 Act.

Ratio Decidendi

The Council's decision to promote a CPO and enter into a back-to-back agreement with Atlas was not ultra vires. The Council acted within its statutory powers under section 189 of the 1997 Act, having regard to the need for comprehensive redevelopment and the difficulties posed by multiple ownership. The Council was entitled to consider the broader planning context and to enter into an agreement with a developer capable of delivering the scheme. The statutory requirements of section 191 did not preclude the agreement, and the Council's actions were not shown to be unreasonable or for an improper purpose.

Court Disposition

Petition refused

Orders

  • Refusal of declarator that the decision was ultra vires and falls to be reduced.
  • Refusal of declarator that the agreement was ultra vires and falls to be reduced.