Perth & Kinross Council v Secretary Of State For Scotland & Anor [1998] ScotCS 52 (4 November 1998)

Perth & Kinross Council v Secretary Of State For Scotland & Anor [1998] ScotCS 52 (4 November 1998)

The reporter failed to provide proper, intelligible and adequate reasons for departing from the development plan allocation for the Broxden site, causing substantial prejudice to the appellants; the decision was therefore unlawful and must be quashed.

Citation
[1998] ScotCS 52
Parties
Appellant: Perth & Kinross Council; First Respondent: Secretary of State for Scotland; Second Respondent: Esso Petroleum Company
Jurisdiction
Scotland
Judgment Date
04 November 1998
Procedural Posture
Appeal Under the Town and Country Planning (scotland) Act 1972, Sections 231 and 233 / Court of Session Appellate Judgment
Outcome
Appeal allowed; reporter's decision quashed.
Legal Topics
Planning Permission, Development Plans, Material Considerations, Adequacy of Reasons, Judicial Review of Administrative Decisions
Administrative Law Planning Law Planning Permission Development Plans Material Considerations Adequacy of Reasons Judicial Review of Administrative Decisions

Case Brief

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Parties

Perth & Kinross Council

Appellant

Secretary of State for Scotland

First Respondent

Esso Petroleum Company

Second Respondent

Procedural Posture

Appeal Under the Town and Country Planning (scotland) Act 1972, Sections 231 and 233 / Court of Session Appellate Judgment

Legal Issues

  1. 1 Whether the reporter gave proper, intelligible and adequate reasons for departing from the development plan allocation in granting planning permission for a trunk road service area at Broxden.
  2. 2 Whether there was an 'identifiable and overriding need' for the proposed development as required by local planning policy.
  3. 3 Whether the reporter properly balanced material considerations against the development plan.

Ratio Decidendi

The reporter failed to provide proper, intelligible and adequate reasons for departing from the development plan allocation for the Broxden site, causing substantial prejudice to the appellants; the decision was therefore unlawful and must be quashed.

Court Disposition

Appeal allowed; reporter's decision quashed.

Orders

  • The decision of the reporter granting planning permission is quashed.