Simson v. Aberdeenshire Council & Ors [2006] ScotCS CSOH_49 (24 March 2006)

Simson v. Aberdeenshire Council & Ors [2006] ScotCS CSOH_49 (24 March 2006)

The planning authority was entitled, as a matter of planning judgment, to conclude that the development did not affect the setting of Gallery, and thus was not required to have special regard to its preservation under Section 59(1). The environmental statement and consultation process were adequate, and there was no failure to take account of relevant considerations. Even if there had been a breach, the court would not exercise its discretion to grant a remedy due to delay and potential prejudice to third parties.

Citation
[2006] ScotCS CSOH_49
Parties
Petitioner: John Simson; First Respondent: Aberdeenshire Council; Second Respondent: West Coast Energy Limited; Third Respondent: Tullo Wind Farm Limited
Jurisdiction
Scotland
Judgment Date
24 March 2006
Procedural Posture
Judicial Review / First Hearing, Opinion Issued, Further Procedure to Be Considered
Outcome
No final order; further procedure to be considered. Petition not granted at this stage.
Legal Topics
Judicial Review of Planning Permission, Listed Buildings and Conservation Areas, Environmental Impact Assessment, Statutory Duties of Planning Authorities, Delay (mora) in Judicial Review
Planning Law Administrative Law Environmental Law Judicial Review of Planning Permission Listed Buildings and Conservation Areas Environmental Impact Assessment Statutory Duties of Planning Authorities Delay (mora) in Judicial Review

Case Brief

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Parties

John Simson

Petitioner

Aberdeenshire Council

First Respondent

West Coast Energy Limited

Second Respondent

Tullo Wind Farm Limited

Third Respondent

Procedural Posture

Judicial Review / First Hearing, Opinion Issued, Further Procedure to Be Considered

Legal Issues

  1. 1 Whether Aberdeenshire Council failed in its statutory duty under Section 59(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 to have special regard to the desirability of preserving the setting of a listed building (Gallery) when granting planning permission for a wind farm development.
  2. 2 Whether the environmental statement and planning process adequately considered the impact on Gallery and its setting.
  3. 3 Whether delay (mora) by the petitioner precludes the remedy sought.

Ratio Decidendi

The planning authority was entitled, as a matter of planning judgment, to conclude that the development did not affect the setting of Gallery, and thus was not required to have special regard to its preservation under Section 59(1). The environmental statement and consultation process were adequate, and there was no failure to take account of relevant considerations. Even if there had been a breach, the court would not exercise its discretion to grant a remedy due to delay and potential prejudice to third parties.

Court Disposition

No final order; further procedure to be considered. Petition not granted at this stage.