(1) HIGHLAND COUNCIL AGAINST SCOTTISH MINISTERS and COMBINED POWER AND HEAT (HIGHLANDS) Ltd and (2) ROSS ESTATES COMPANY against SCOTTISH MINISTERS and COMBINED POWER AND HEAT (HIGHLANDS) Ltd [2014] ScotCS CSIH_74 (28 August 2014)

(1) HIGHLAND COUNCIL AGAINST SCOTTISH MINISTERS and COMBINED POWER AND HEAT (HIGHLANDS) Ltd and (2) ROSS ESTATES COMPANY against SCOTTISH MINISTERS and COMBINED POWER AND HEAT (HIGHLANDS) Ltd [2014] ScotCS CSIH_74 (28 August 2014)

Condition 2 was invalid because it enlarged the permission beyond what was applied for and considered at inquiry, depriving parties of the opportunity to address the implications and failing to comply with EIA requirements. The error was not severable; the whole planning permission must be quashed. Other grounds of...

Source-derived case information.

Citation
[2014] ScotCS CSIH_74
Parties
Appellant: Highland Council; Appellant: Ross Estates Company; First Respondent: Scottish Ministers; Second Respondent: Combined Power and Heat (Highlands) Limited
Jurisdiction
Scotland
Judgment Date
28 August 2014
Procedural Posture
Planning Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Appeal From Reporter’s Decision to the Inner House, Court of Session
Outcome
Appeal allowed in part; planning permission quashed in its entirety due to invalidity of condition 2.
Legal Topics
Planning Permission, Environmental Impact Assessment, Waste Management, Judicial Review of Administrative Decisions, Conditions of Planning Consent
Administrative Law Planning Law Environmental Law Planning Permission Environmental Impact Assessment Waste Management Judicial Review of Administrative Decisions Conditions of Planning Consent

Source-derived case record

Summary, issues, holding and outcome

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Parties

Highland Council

Appellant

Ross Estates Company

Appellant

Scottish Ministers

First Respondent

Combined Power and Heat (Highlands) Limited

Second Respondent

Procedural Posture

Planning Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Appeal From Reporter’s Decision to the Inner House, Court of Session

Legal Issues

  1. 1 Whether condition 2 of the planning permission, permitting importation of waste from outside Highland area, was valid
  2. 2 Whether the Reporter failed to properly consider road safety at Tomich Junction
  3. 3 Whether the Reporter failed to properly apply the waste hierarchy, assess need, proximity, and other criteria under Policy 70

Ratio Decidendi

Condition 2 was invalid because it enlarged the permission beyond what was applied for and considered at inquiry, depriving parties of the opportunity to address the implications and failing to comply with EIA requirements. The error was not severable; the whole planning permission must be quashed. Other grounds of appeal were not made out.

Court Disposition

Appeal allowed in part; planning permission quashed in its entirety due to invalidity of condition 2.

Orders

  • Decision of Reporter quashed in its entirety; planning permission set aside.
  • Case remitted for further consideration limited to condition 2.