Carroll v Scottish Borders Council & Anor [2015] ScotCS CSIH_73 (07 October 2015)

Carroll v Scottish Borders Council & Anor [2015] ScotCS CSIH_73 (07 October 2015)

The court held that the Local Review Body's decision was within the powers of the Town and Country Planning (Scotland) Act 1997 and complied with statutory and EU requirements. The LRB's reasons, though brief, were adequate when read with the review documents. The Lord Ordinary applied the correct level of scrutiny, and the appellant's criticisms amounted to challenges to the adequacy of reasons, not to legality or procedural fairness. No breach of natural justice or failure to consider material considerations was established.

Citation
[2015] ScotCS CSIH_73
Parties
Appellant and Reclaimer: Sally Carroll; Respondents: Scottish Borders Council; Interested Party: The Firm of SR Findlay; Intervener: Lord Advocate
Jurisdiction
Scotland
Judgment Date
07 October 2015
Procedural Posture
Statutory Appeal / Reclaiming Motion (appeal) From Outer House Decision
Outcome
appeal refused
Legal Topics
Local Review Body Procedures, Planning Permission, Judicial Review, Public Participation, Adequacy of Reasons, Natural Justice, Devolution Issues
Administrative Law Planning Law Environmental Law EU Law Human Rights Law Local Review Body Procedures Planning Permission Judicial Review +4 more

Case Brief

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Parties

Sally Carroll

Appellant and Reclaimer

Scottish Borders Council

Respondents

The Firm of SR Findlay

Interested Party

Lord Advocate

Intervener

Procedural Posture

Statutory Appeal / Reclaiming Motion (appeal) From Outer House Decision

Legal Issues

  1. 1 Whether the Local Review Body's decision to grant planning permission was within the powers of the Town and Country Planning (Scotland) Act 1997
  2. 2 Whether the LRB complied with statutory requirements and EU law, including the Public Participation Directive
  3. 3 Adequacy of reasons given by the LRB

Ratio Decidendi

The court held that the Local Review Body's decision was within the powers of the Town and Country Planning (Scotland) Act 1997 and complied with statutory and EU requirements. The LRB's reasons, though brief, were adequate when read with the review documents. The Lord Ordinary applied the correct level of scrutiny, and the appellant's criticisms amounted to challenges to the adequacy of reasons, not to legality or procedural fairness. No breach of natural justice or failure to consider material considerations was established.

Court Disposition

appeal refused

Orders

  • The reclaiming motion is refused.
  • The decision of the Lord Ordinary is affirmed.