Reside (AP), Re Application For Judicial Review [2000] ScotCS 137 (26 May 2000)

Reside (AP), Re Application For Judicial Review [2000] ScotCS 137 (26 May 2000)

The petitioner's purchase notice was valid and timeous; the Council's failure to serve a notice under section 170(1) within three months triggered the statutory consequences of section 170(4), deeming the purchase notice confirmed and authorising compulsory acquisition. The plea of mora fails as there was no material prejudice or detriment to good administration.

Citation
[2000] ScotCS 137
Parties
Petitioner: Miss Muriel Reside; Respondent: North Ayrshire Council
Jurisdiction
Scotland
Judgment Date
26 May 2000
Procedural Posture
Judicial Review / Outer House, Court of Session, Opinion
Outcome
Petition granted
Legal Topics
Purchase Notice Validity, Statutory Interpretation, Judicial Review Procedure, Delay (mora), Planning Permission Refusal
Administrative Law Planning Law Compulsory Purchase Purchase Notice Validity Statutory Interpretation Judicial Review Procedure Delay (mora) Planning Permission Refusal

Case Brief

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Parties

Miss Muriel Reside

Petitioner

North Ayrshire Council

Respondent

Procedural Posture

Judicial Review / Outer House, Court of Session, Opinion

Legal Issues

  1. 1 Whether the petitioner's purchase notice under section 169 of the Town and Country Planning (Scotland) Act 1972 was valid and timeous
  2. 2 Whether the Council's failure to serve a notice under section 170(1) triggered the statutory consequences under section 170(4)
  3. 3 Whether the petitioner was barred by delay (mora) from pursuing judicial review

Ratio Decidendi

The petitioner's purchase notice was valid and timeous; the Council's failure to serve a notice under section 170(1) within three months triggered the statutory consequences of section 170(4), deeming the purchase notice confirmed and authorising compulsory acquisition. The plea of mora fails as there was no material prejudice or detriment to good administration.

Court Disposition

Petition granted

Orders

  • Council's decision of 3 May 1995 reduced
  • Declarators granted that the purchase notice is deemed confirmed and the Council is deemed to have served a notice to treat for the relevant interest