Petition by Caz Rae for Judicial Review (Court of Session) [2024] CSOH 74 (01 August 2024)

Petition by Caz Rae for Judicial Review (Court of Session) [2024] CSOH 74 (01 August 2024)

The Council erred in law by applying the wrong test—considering only significant adverse effects rather than significant effects—and failed to meaningfully engage with mandatory selection criteria and statutory duties regarding biodiversity. The screening opinion was issued without sufficient information and relied...

Source-derived case information.

Citation
[2024] CSOH 74
Parties
Petitioner: Caz Rae; Respondent: Glasgow City Council; Interested Party: Wheatley Homes Glasgow Limited
Jurisdiction
Scotland
Judgment Date
01 August 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition sustained; screening opinion reduced
Legal Topics
Environmental Impact Assessment, Judicial Review, Statutory Interpretation, Precautionary Principle, Biodiversity Conservation
Administrative Law Environmental Law Planning Law Environmental Impact Assessment Judicial Review Statutory Interpretation Precautionary Principle Biodiversity Conservation

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Parties

Caz Rae

Petitioner

Glasgow City Council

Respondent

Wheatley Homes Glasgow Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Glasgow City Council erred in law or acted irrationally in determining that an Environmental Impact Assessment was not required for the demolition of the Wyndford Estate
  2. 2 Whether the Council failed to comply with regulation 7(1)(a)(i) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 and section 1(1) of the Nature Conservation (Scotland) Act 2004
  3. 3 Whether the Council applied the correct legal test regarding significant effects versus significant adverse effects on the environment

Ratio Decidendi

The Council erred in law by applying the wrong test—considering only significant adverse effects rather than significant effects—and failed to meaningfully engage with mandatory selection criteria and statutory duties regarding biodiversity. The screening opinion was issued without sufficient information and relied on mitigation measures that were not plainly established or uncontroversial. The precautionary principle required an EIA in circumstances of material uncertainty. The screening opinion must be reduced.

Court Disposition

Petition sustained; screening opinion reduced

Orders

  • The screening opinion adopted by Glasgow City Council on 13 October 2023 is reduced.
  • Glasgow City Council must reconsider whether an Environmental Impact Assessment is required for the proposed demolition of the Wyndford Estate in accordance with the correct legal test and statutory duties.