Cartledge v The Scottish Ministers [2011] ScotCS CSIH_23 (18 March 2011)

Cartledge v The Scottish Ministers [2011] ScotCS CSIH_23 (18 March 2011)

The 1972 planning permission, by incorporating the docqueted plan, limited the number and location of caravans to those shown on the plan. The planning authority did not leave the number and location of caravans to the licensing authority. The respondent has no right to develop area 4 or to site more than 64 caravans as per the plan. The certificate of lawful use correctly defined the respondent's rights.

Citation
[2011] ScotCS CSIH_23
Parties
Appellant and Respondent: Alan Cartledge; Reclaimers and Second Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
18 March 2011
Procedural Posture
Appeal (reclaiming Motion) / Decision on Appeal From Lord Ordinary
Outcome
appeal allowed; interlocutor of Lord Ordinary recalled; respondent's appeal refused
Legal Topics
Interpretation of Planning Permission, Caravan Site Licensing, Certificate of Lawful Use, Relationship Between Planning and Licensing Regimes
Planning Law Administrative Law Interpretation of Planning Permission Caravan Site Licensing Certificate of Lawful Use Relationship Between Planning and Licensing Regimes

Case Brief

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Parties

Alan Cartledge

Appellant and Respondent

The Scottish Ministers

Reclaimers and Second Respondents

Procedural Posture

Appeal (reclaiming Motion) / Decision on Appeal From Lord Ordinary

Legal Issues

  1. 1 Whether the number and location of caravans permitted on the site is governed by the planning permission or the site licence
  2. 2 Whether the 1972 planning permission incorporated the plan as a prescriptive limitation on caravan numbers and locations
  3. 3 Whether area 4 of the site was included in the planning permission for caravan siting

Ratio Decidendi

The 1972 planning permission, by incorporating the docqueted plan, limited the number and location of caravans to those shown on the plan. The planning authority did not leave the number and location of caravans to the licensing authority. The respondent has no right to develop area 4 or to site more than 64 caravans as per the plan. The certificate of lawful use correctly defined the respondent's rights.

Court Disposition

appeal allowed; interlocutor of Lord Ordinary recalled; respondent's appeal refused

Orders

  • Reclaiming motion allowed
  • Interlocutor of Lord Ordinary recalled