APPEAL UNDER SECTION 239 OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 BY PATRICK EDWARDSON AGAINST THE SCOTTISH MINISTERS [2023] ScotCS CSIH_45 (19 December 2023)

APPEAL UNDER SECTION 239 OF THE TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997 BY PATRICK EDWARDSON AGAINST THE SCOTTISH MINISTERS [2023] ScotCS CSIH_45 (19 December 2023)

The reporter misdirected himself by failing to apply the correct burden of proof, failing to consider whether the fencing and access road were integral to the racetrack as a commercial venture, and failing to address material evidence, including social media posts and affidavits, thereby rendering his decision unlawful.

Citation
[2023] ScotCS CSIH_45
Parties
Appellant: Patrick Edwardson; Respondents: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
19 December 2023
Procedural Posture
Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Appeal From Reporter's Decision on Enforcement Notice
Outcome
Appeal allowed; reporter's decision quashed; matter remitted for reconsideration by a different reporter.
Legal Topics
Enforcement Notice, Substantial Completion, Permitted Development, Change of Use, Burden of Proof, Judicial Review of Administrative Decisions
Planning Law Administrative Law Enforcement Notice Substantial Completion Permitted Development Change of Use Burden of Proof Judicial Review of Administrative Decisions

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Parties

Patrick Edwardson

Appellant

The Scottish Ministers

Respondents

Procedural Posture

Appeal Under Section 239 of the Town and Country Planning (scotland) Act 1997 / Appeal From Reporter's Decision on Enforcement Notice

Legal Issues

  1. 1 Whether the reporter erred in law in determining the date of substantial completion for enforcement purposes
  2. 2 Whether fencing and access road were integral parts of the racetrack development
  3. 3 Whether the land reverted to agricultural use between events for permitted development purposes

Ratio Decidendi

The reporter misdirected himself by failing to apply the correct burden of proof, failing to consider whether the fencing and access road were integral to the racetrack as a commercial venture, and failing to address material evidence, including social media posts and affidavits, thereby rendering his decision unlawful.

Court Disposition

Appeal allowed; reporter's decision quashed; matter remitted for reconsideration by a different reporter.

Orders

  • The appeal is allowed.
  • The decision notice of 9 February 2023 is quashed.