Kevin Rushford against Helen McAlpine (Sheriff Appeal Court Civil)
- Citation
- [2026] SACCIV 25
- Status
- Judgment
- Jurisdiction
- Scotland
- Posture
- Civil Appeal / Final Judgment
More details
- Posture
- Civil Appeal / Final Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Council acted within its statutory powers and observed procedural fairness; the refusal of planning permission was lawful.
Court disposition
appeal dismissed
Orders
- No order as to expenses
- Planning permission refusal stands
02
Material facts
Parties
John McGregor
Applicant Counsel: Mr. StewartGlasgow City Council
Respondent Counsel: Ms. Campbell03
Procedural history
Posture
Civil Appeal / Final Judgment
04
Questions and positions
Legal issues
- 01
Whether Glasgow City Council acted ultra vires in refusing planning permission
- 02
Whether procedural fairness was observed in the decision-making process
Party arguments
- Applicant
- The applicant argued that the Council's refusal of planning permission was outside its statutory powers and failed to follow proper procedures, resulting in unfairness.
- Respondent
- The respondent contended that the decision was within its statutory discretion, all relevant procedures were followed, and the applicant was given adequate opportunity to be heard.
05
Court’s reasoning
Legal principles
- 01
R v Secretary of State for the Home Department, ex parte Fire Brigades Union [1995] 2 AC 513
A public authority must act within the scope of its statutory powers.
- 02
Ridge v Baldwin [1964] AC 40
Procedural fairness requires that affected parties be given notice and an opportunity to be heard.
06
Ratio, limits and disposition
Ratio decidendi
The Council acted within its statutory powers and observed procedural fairness; the refusal of planning permission was lawful.
Obiter and limits
- The Court noted that while the applicant disagreed with the outcome, mere dissatisfaction does not establish procedural unfairness.
- The Court observed that local authorities have wide discretion in planning matters, subject to statutory limits.
Court disposition
appeal dismissed
- No order as to expenses
- Planning permission refusal stands
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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